Risa v. Manager, United India Insurance Co. Ltd. - Motor Accident Compensation - Maharashtra Court Fees Act

Motor Accident Compensation - Filing an appeal by the claimant seeking enhancement of compensation in a motor accident case, in the High Court of Punjab and Haryana the court fee payable is 5.25 only. As far as Delhi High ₹ Court is concerned again the court fee is not ad valorem but fixed at ₹250 . This is a progressive legislation by way of State amendment whereby relief has been granted to the category of persons who deserve it. Similar suit can be followed by other States as well. In any case, the ultimate burden of a court fee is not on the claimant rather on the judgment-debtor, as the same will form part of the memo of cost in the final decree. Further, the collection of court fee in such matters may not be a substantial amount. (Para 16) Claim of compensation in a motor accident case is not a factor which is relevant for the purpose of award of compensation to the claimants, as it is for the court to calculate just and fair compensation. Even if lesser amount had been claimed, the claimants can always be held entitled to receive the higher amount. (Para 10)

Maharashtra Court Fees Act, 1959 - Section 7 - It provides an option to any appellant before the Court to restrict his/her claim for the purpose of deposit of court fee and in case the compensation is enhanced, the deficit can be made good later on, after the appeal is finally decided. The aforesaid provision is specific to the motor accident cases. It is a kind of succour to the claimants as they may be short of money at that stage. There may be an Award passed in their favour by the Tribunal which may still be under execution and further there may be many liabilities to be taken care of by the family. There may be a case where the claimant may have been seriously injured, requiring regular medical care or medical assistance. (Para 14)