T. BALASUBRAMANIAYAN Vs. V. PRABAKARAN

JUDGEMENT

(1.) THE advocate who appeared for the claimant in MCOP No. 68 of 2007 filed execution application in E.A.No. 145 of 2011 to pay 10% of the award amount as legal fee. It is not in dispute that the Motor Accident Claims Tribunal awarded a sum of Rs.2,28,000/ - together with 7.5% interest to the claimant for the injuries sustained by him. The Motor Accident claims Tribunal awarded Rs.7,560/ - as advocate fee at the time of passing the award.

(2.) THE revision petitioner contended that the first respondent advocate is entitled only a sum of Rs.7,560/ - and he cannot claim 10% of the award amount as his legal fee. However, the Motor Accident Claims Tribunal after deducting a said sum of Rs.7,560/ - awarded a sum of Rs.22,338/ - to the first respondent advocate as his fee for conducting MCOP.

(3.) IT cannot be disputed that the revision petitioner agreed to pay 10% of the award amount as legal fee, in view of the admission made in Ex.P1 and Ex.P3 documents. However, while calculating 10% of the award amount, the Court below has committed an error. When award was passed for a sum of R.2,28,000/ - and if 10% is calculated the fee comes to Rs.22,800/ -. If Rs.7,560/ - awarded as fees by the Motor Accident Claims Tribunal is deducted from 22,800/ -, the balance comes to Rs.15,240/ -. Therefore, the Trial Court should have awarded a sum of Rs.15,240/ -, and it should not have awarded Rs.22,338/ -.