KAILASH CHANDRA SHARMA Vs. E GURUNATH

JUDGEMENT

(1.) Heard counsel.

(2.) This petition is filed by the claimant under Article 227 of the Constitution of India challenging the order dated 10-11 -2006 passed by Ninth Additional Member Judge, Motor Accident Claims Tribunal, Gwalior in claim Case No. 29/05 whereby the Claims Tribunal has allowed the application filed by the claimant under Order 26 Rule 10 C. P. C. appointing a commission for examination of a doctor posted at Pathankot. The Tribunal while allowing this application has directed the present petitioner -claimant to bear the expenses of the lawyers of the opposite parties. Hence, this petition is filed under Article 227 of the Constitution of india.

(3.) Counsel for the petitioner submits that the person who is seeking commission is liable to pay commission's expenses but the commission's expenses do not include the expenses of opposite parties. For this purpose he has relied on a judgment of Division Bench of this Court in the case of Cantonment Board, Mhow v. M/s. Chhajumal and sons (1969 JLJ 304). After perusal of the said judgment, I find that in para 32 of the said judgment, this Court has considered this aspect and held that the words "expenses of the commission" denote only the fees paid to the Commissioner and other expenses directly incidental to the issue and execution of a commission and do not include costs of opponent's pleader or expenses which the opponent himself may have to incur to go to the place where the commission is to examine a witness.