M DHILIPKUMAR Vs. R GOVINDRAJ

JUDGEMENT

(1.) The petitioner is claimant in M.C.O.P. No. 1580 of 2002 on the file of the Motor Accidents Claims Tribunal, First Additional District Court, Dharmapuri at Krishnagiri. On 29.10.2004, an award was passed directing the second respondent in the M.C.O.P. to pay a sum of Rs. 2,25,920/- with interest. An Appeal was preferred before this Court in C.M.A. No. 1827 of 2006 in which then parties to the Claim Petition entered into a compromise and a compromise decree was passed by this Court on 25.7.2006 modifying the award to Rs. 1,85,000/- with interest @ 7.5%. In pursuance to the said decree, a sum of Rs. 2,05,624/- was deposited before the Tribunal.

(2.) The contention of the petitioner is that he engaged the first respondent, a practicing lawyer in Krishnagiri to conduct the case and he had agreed to pay 10% in the award amount as fees and expenses to him and presently he is claiming 20% towards his fees and other expenses and that it is not sustainable. He also preferred a Complaint before the Bar Council of Tamil Nadu on 29.1.2008. The Bar Council of Tamil Nadu after enquiry has passed resolution No. 48 of 2008 dated 29.4.2008 stating that the complainant has not made out prima facie case of professional misconduct against the respondent and hence it has dropped the Complaint.

(3.) The first respondent filed two Applications before the Tribunal. One is I.A. No. 347 of 2009 under Section 151, C.P.C. for staying issuance of cheque for Rs. 2,06,524/-. The other Petition in I.A. No. 441 of 2009 was filed by him under Order 3, Rule 4 read with Section 151, C.P.C. to cancel the vakalat given to the petitioner.