N.V.RAMANA, SURYA KANT, ANIRUDDHA BOSE, J. - (1.) The Court is convened through Video Conferencing.
(2.) Having heard learned counsel for the petitioner and carefully perusing the material placed on record, we see no reason to interfere with the impugned order dated 17.02.2020 passed by the High Court of Kerala in MACA No. 1913 of 2012 whereby the High Court upheld the compensation granted by the Motor Accident Claims Tribunal, Kottayam (for short, 'the Tribunal') in favour of the injured respondent.
(3.) However, learned counsel for the petitioner raised a legal issue by stating that the Tribunal does not possess any authority to award any costs as incidental to its power over the parties or the subject matter of the litigation, and the Tribunal being constituted under a special enactment is to be governed solely by the provisions of the Motor Vehicles Act, 1988. Learned counsel also quoted paragraph 8 of the impugned order dated 17.02.2020 passed by the High Court of Kerala in MACA No. 1913 of 2012, which is reproduced below: 'The question that arises for determination before us is whether in the matter of awarding costs, the procedure and rules framed under the Constitution, CPC and the Rules made thereunder, for 'Courts', could be resorted to by the Claims Tribunal which is apparently, not a 'Court'.' ;