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Judgment
M. Duraiswamy, J.—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.
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.
On a perusal of the Ex.P1/reply notice sent by revision petitioner, it is clear that he agreed to pay 10% of the award amount as the legal fee to the first respondent advocate. Similarly, in the written statement filed by the revision petitioner in O.S.No. 67 of 2008 on the file of District Munsif Court, Pattukottai, which suit was filed by the first respondent against the revision petitioner and another, he has admitted that he agreed to pay 10% of the award amount as legal fee. In Ex.P3/proof affidavit filed by the petitioner in O.S.No. 67 of 2008 also, the revision petitioner admitted payment of 10% of the award amount as legal fee. The Sub Court, Motor Accidents Claims Tribunal, Pattukottai, took into consideration of the three documents and decreed the suit for a sum of Rs.22,338/-.
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/-.
In these circumstances, the order passed by the Court below is modified as follows;-
The first respondent is entitled to receive a sum of Rs.15,240/- (Rupees fifteen thousand two hundred forty only) instead of Rs.22,338/- awarded by the Court below.
With the above modification, the civil revision petition is partly allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.