Full Text
JUDGMENT
NATIONAL INSURANCE CO.LTD. ..... Appellant Represented by: Mr. D.K. Sharma, Advocate.
MAC.APP.No. 825/2012
1. The present appeal is directed against the impugned award dated 21.03.2012, whereby while awarding the compensation, the learned Tribunal has granted a sum of Rs.11,000/- towards lawyer’s fee.
2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that in the case of ICICI Lombard General Insurance Co. Ltd. Vs. Kanti Devi & Ors., MAC.A. 645/2012 decided on 30.07.2012, this Court has held that the Tribunal has no power to grant lawyer’s fee and out of pocket expenses. 2014:DHC:523 MAC.APP No. 825/2012
3. Learned counsel appearing on behalf of the respondent No.1/claimant submits that he does not dispute the settled proposition of law noted above.
4. In view of the above, the instant appeal is allowed.
5. Consequently, the impugned award dated 21.03.2012 qua grant of lawyer’s fee is set aside.
6. The Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company and the balance compensation amount in favour of the respondent No.1/claimant on taking necessary steps by him. CM No.12966/2012 (for stay) With the disposal of the instant appeal, this application has become infructuous. The same is accordingly dismissed.
SURESH KAIT, J. JANUARY 28, 2014 sb