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Gujarat High Court

Bhikhubhai Amarsinhbhai Parmar vs United India Insurance Company Ltd & on 5 September, 2014

Author: Harsha Devani

Bench: Harsha Devani

          C/CA/9566/2014                                          ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          CIVIL APPLICATION (FOR ORDERS) NO. 9566 of 2014

   In MISC.CIVIL APPLICATION (STAMP NUMBER) NO. 2176 of 2014
                     In FIRST APPEAL NO. 3289 of 2013

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         BHIKHUBHAI AMARSINHBHAI PARMAR....Applicant(s)
                            Versus
    UNITED INDIA INSURANCE COMPANY LTD & 1....Respondent(s)
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Appearance:
MR MTM HAKIM with MR. HEMAL SHAH, ADVOCATE for the Applicant(s) No.
1 - 1.2
MR MAULIK J SHELAT, ADVOCATE for the Respondent No. 1
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          CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI

                              Date : 05/09/2014


                               ORAL ORDER

1. By this application, the applicants seek extension of time to pay the court fees till the final disposal of Miscellaneous Civil Application (Stamp) No.2176 of 2014 in First Appeal No.3289 of 2013.

2. Heard Mr. MTM Hakim, learned advocate with Mr. Hemal Shah, learned advocate for the applicants and Mr. Maulik Shelat, learned advocate for the first respondent - Insurance Company. The second respondent, the owner of the offending vehicle has never remained present before this Court even in the proceedings of the main appeal.

3. From the averments made in the memorandum of application, it appears that for the purpose of this review application, the applicants are required to pay 100% court fees on the amount of claim. It is the case of the applicants that because of the accident, they have lost the main earning member of the family and hence, they are not in a position to pay the required court fees as it is difficult to eke out a livelihood from their meagre source of income, more particularly, when no amounts have been paid to the applicants / claimants out of the compensation awarded by the Tribunal. It is in these circumstances, that the applicants have sought extension of time to pay the court fees.

4. Mr. MTM Hakim, learned counsel for the applicants has submitted that the payment of court fees may be deferred until the review application is decided and that such amount may be recovered from the amount of compensation lying with the Tribunal. In support of his submission, the learned counsel placed reliance on the order dated 19.03.2014 passed by a Division Bench of this Court in Civil Application No.11972 of 2013, wherein the court after considering the facts of the case, had extended the time to pay the court fees till the final disposal of the miscellaneous civil application for review, but with the observation that the appropriate order shall be passed for recovery of the amount of court fees from the amount lying with the Tribunal.

5. Having regard to the submissions advanced by the Page 2 of 3 C/CA/9566/2014 ORDER learned advocate for the applicants and more particularly, having regard to the above referred order made by a Division Bench of this Court, the Court is of the view that similar relief is required to be granted to the applicants. Having regard to the facts and circumstances narrated hereinabove, namely, that upon death of the main bread-winner, the applicants are left without any proper source of income and in the absence of any disbursement having been made from the compensation awarded by the Tribunal, are not in a position to pay the court fees at this stage, this Court is of the view that the applicants are entitled to grant of the relief, as prayed for, in the application.

6. In the light of the above discussion, the application succeeds and is, accordingly, allowed. The time-limit for payment of court fees is extended till the final disposal of Miscellaneous Civil Application (Stamp) No.2176 of 2014 in First Appeal No.3289 of 2013, subject to necessary orders being passed for recovery of the amount of court fees out of the amount of compensation awarded to the applicants. The application stands disposed of accordingly.

(HARSHA DEVANI, J.) parmar* Page 3 of 3