RAJESH Vs. PARMOD AND OTHERS

JUDGEMENT

(1.) The petition arises out of an appeal that was filed against an award passed by the learned Motor Accident Claims Tribunal ('MACT' - for short) under the Motor Vehicles Act, 1988 i.e. FAO No.2604 of 2013. The issue in the petition now relates to non-payment or delay in payment of fees to counsel/advocates who represent the nationalized insurance companies i.e. the United India Insurance Co. Ltd; Oriental Insurance Co. Ltd.; New India Assurance Co. Ltd. and National Insurance Co. Ltd., and defend them in this Court and before the Lok Adalats as also appear in Mediation proceedings in cases arising out of Motor Accident Claims. The grievance of the advocates who represent these Insurance Companies is that despite the said companies having formed a common body i.e. General Insurance (Public Sector) Association of India ('GIPSA' - for short) and the said body fixing the fee schedule for payment to the Counsel representing them in this Court, the due fee was not being paid.

(2.) A Division Bench of this Court in the present petition on 08.04.2015 passed the following order:-

(3.) The said reference has been put up before this Bench to be treated as Public Interest Litigation. Keeping in view the importance of the issue raised in the aforesaid reference, let notice be issued to the following four Insurance Companies for April 28, 2015 :