MAIKU SINGH Vs. ANUP SINGH

JUDGEMENT

(1.) Heard on office objection regarding payment of deficit Court fees. Brief facts of the case which are relevant to decide the office objection are that appellants have filed this Miscellaneous Appeal against the award dtd. 21/10/2021 passed by XXII A.M.A.C.T., Jabalpur in M.V.C. No.7100099/2014 for enhancement of compensation awarded by the Claims Tribunal to the applicants. This Miscellaneous Appeal is for enhancement of a sum of Rs.5,00,000.00. Office put the objection that appeal is not maintainable without payment of Court fees on that enhanced amount i.e. Rs.5,00,000.00.

(2.) Learned counsel for the appellants submitted that according to Article 11 of Schedule II of the Court Fees Act 2.5% Court fees should be paid on the enhanced amount. The amount claimed by the appellants in the appeal cannot be called as enhanced amount but the enhanced amount will be such as would be given by the Court after adjudication of the claim of the appellants. Registry wrongly demanded 2.5% Court fees on the amount which is claimed by the appellants in the memo of appeal. There is no certainty as to what amount will be awarded by the Court. Appellants are only required to pay court fee on the amount which will be determined as enhanced amount by this court at the time of judgment of this appeal. So appellant may be allowed to make payment of Court fee at the time of final decision of the appeal on enhanced compensation, which may be determined by the court. In this regard learned counsel also placed reliance on the orders passed by the coordinate Bench of this Court in M.A. No.851/2015 (Arun Kumar Dubey vs. Vijay Kumar Gujrati and Others) on 21/12/2016 and M.A.No.88/2018 (Smt. Meera Sahu vs. Deepchand) on 8/3/2018.

(3.) This court has gone through the record and arguments advanced by the counsel of the appellants.This appeal has been filled by the appellants u/s 173 Signature Not Verified SAN Motor Vehicle Act. The memo of appeal preferred u/s 173 Motor Vehicle Act is required to be affixed with Court Fees as per Article 11 of Schedule II of Court fees Act., which reads as thus:-