High CourtsDivision Bench(2000) 08 MAD CK 0014

Lilly Pushpam, Rakesh and Baby (Minor rep. by mother and next friend, 1st appellant CMA. 74/97) vs Gunasekaran, United India Insurance Co. Ltd. and Annamalai, Rajambal

Madras High Court · Decided on 23 August 2000

HON’BLE JUDGES
R. Jayasimha Babu, J · A. Subbulakshmi, J
CASE NUMBER
C.M.P. No. 759 of 2000 in C.M.A. No. 74/97

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Judgment

8 paragraphs · 199 words

A. Subbulakshim, J.—We have awarded a sum of Rs. 5,40,000/- by our Judgment on 30.11.1999 as compensation to the petitioners.

Counsel for the petitioners says that there is a difference of a sum of Rs. 2,35,000/- between the amount awarded by the trial court and the amount

awarded by this Court for which the court fee payable is Rs. 1722.50. He also says that the excess court fee is paid in the sum of Rs. 14,563.50

and that amount has to be refunded to the petitioners. Rule 24(3) of the Motor Accidents Claims Tribunal Rules provides that where the amount of

award is less than the amount of claim, the party shall be entitled to refund of the proportionate fee namely the difference between the fee actually

paid and the fee due if the claim had been made for the amount of award. Having regard to the amount awarded by this Court, the petitioners are

entitled for the refund of the excess court fee paid. The award was passed for Rs. 5,40,000/-. Petitioners have paid an excess court fee of Rs.

14,653-50. That excess amount is required to be refunded, and is ordered to be refunded to the petitioners.