Madras High Court
Karuthapandi vs R. Sivakumar And Anr. on 26 October, 2006
Equivalent citations: 2007ACJ1547
Author: J.A.K. Sampathkumar
Bench: J.A.K. Sampathkumar
JUDGMENT J.A.K. Sampathkumar, J.
1. This case is posted, as directed, to hear the submission in regard to maintainability in respect of court-fee.
2. Heard Mr. T.S.R. Venkatramana, the learned Counsel for the appellant.
3. Learned Counsel for appellant submitted that claimants are not questioning the award amount in the appeal and that the consideration in the appeal is only with reference to the liability fixed among the respondents, which is incapable of valuation and the court-fee payable is rupee one only and as such the claimants are not liable to pay any court-fee more than a rupee. He also relied on the provisions of the Motor Vehicles Act to sustain his claim.
4. He has also drawn my attention to the definition of pecuniary damages and special damages given in the Law Lexicon with Legal Maxims, 2nd Edn., written by Venkataramaiya, which reads as follows and contended that the claimants are not liable to pay any court-fee as directed by the Registry:
Pecuniary Damages.-Such as can be estimated in and compensated by money; not merely the loss of money or saleable property or rights, but all such loss, deprivation or injury as can be made the subject of calculation and or recompense in money.
Special Damages.-Those which are the actual, but not the necessary result of the injury complained of, and which in fact follow it as a natural and proximate consequence in the particular case that is, by reason of special circumstances or conditions.
5. The submission of learned Counsel for the appellant has been considered in detail.
6. The present appeal is filed by the claimant not for enhancement of the compensation.
7. Owner of the vehicle and the insurer of the vehicle are the respondents. The lower court fixed the compensation amount against the owner only while negativing the claim against insurance company, respondent No. 2. The appeal is filed only to fix the responsibility against the insurance company also jointly and severally as per the policy condition. I have already held in the decision in CRP (NPD) Nos. 2008 to 2011 of 2003, etc. batch that the insurance company has to pay the compensation amount in respect of road accident falling under Section 149 of the Motor Vehicles Act and thereafter, recover the same from the owner for violation of policy condition of the same if it is so.
8. So, the dispute is, who has to pay the compensation, i.e., whether the liability to be fixed jointly and severally against the insurance company or the liability to be fixed against the owner of the vehicle, which the case falls outside the purview of Section 149 of the Motor Vehicles Act or otherwise.
9. Rule 24(1-A) of the Tamil Nadu Motor Vehicles Rules (Tamil Nadu Motor Accidents Claims Tribunal Rules, 1989) reads as follows:
24 (1-A): An appeal under Section 173 of the Act shall be accompanied by a fee of Re. 1 (rupee one only) in the form of court-fee stamp, if the claim in a case of accident is confined to special damages and if any further general damage is claimed, an ad valorem fee shall be charged on the aggregate of the special and general damages claim on the following scales, namely:
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Amount of claim Amount of court-fee
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1. Below Rs. 2,000 No appeal
2. Rs. 2,001 to Rs. 5,000 Rs. 10
3. Rs. 5,001 to Rs. 50,000 Rs. 10 plus one-fourth per cent of the amount by which the claim exceeds Rs. 5,000
4. Rs. 50,001 to Rs. 1,00,000 Rs. 122.50 plus half per cent of the amount by which the claim exceeds Rs. 50,000
5. Over Rs. 1,00,000 Rs. 372.50 plus one per cent of the amount by which the claim exceeds Rs. 1,00,000
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10. So, I am satisfied that the court-fee of rupee one paid in the appeal under Rule 24(1-A) (Special Damages) of Tamil Nadu Motor Vehicles Rules (Tamil Nadu Motor Accidents Claims Tribunal Rules, 1989) is in order taking note of the fact the relief sought for in the appeal.
11. The Registry is directed to number the appeal. Post it for further proceedings.