Madhya Pradesh High Court
Raju vs Chhaganlal on 2 December, 2020
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
THE HIGH COURT OF MADHYA PRADESH
R.P. No.953/2020
(DALLA BANJARA AND OTHERS Vs CHHAGANLAL AND OTHERS)
R.P. No.954/2020
(RAJU AND OTHERS Vs CHHAGANLAL AND OTHERS)
R.P. No.955/2020
(GULAB BAI AND OTHERS Vs CHHAGANLAL AND OTHERS)
R.P. No.956/2020
(SURAJ BANJARA AND OTHERS Vs CHHAGANLAL AND OTHERS)
&
R.P. No.961/2020
(RAJU AND OTHERS Vs CHHAGANLAL AND OTHERS)
Jabalpur, Dated: 02.12.2020 (through video conferencing)
Mr. Pramod Thakre, learned counsel for the petitioners.
Ms. Anjali Banerjee, learned counsel for respondent No.3.
Shri Rakesh Kumar Jain, learned counsel for respondent No.5. Heard on admission.
This order shall govern the disposal of above mentioned review petitions. For the sake of convenience, the facts as narrated in R.P. No.953/2020 are being taken into consideratio.
These review petitions have been filed for modification of the order dated 06.03.2020 passed by this Court in M.A. No.4993/2010, wherein while allowing the aforesaid appeal this Court in para 14 has made the following directions:
"14. The appellants have paid fixed Court fees. Hence, the appellants are directed to deposit the remaining amount of Court fee (if not already paid) on the enhanced amount in accordance with the statute, within four weeks from today. Thereafter, after verification, the Registry shall issue the certified copy of the order passed today to the appellant."2
Learned counsel for the petitioners has submitted that together with these miscellaneous appeals eight cases were decided on the same day and in three of such cases no such order requiring the appellants to deposit the Court fees has been made; however, in the present batch of the petitions the order has been passed that the remaining amount of Court fee (if not already paid) be paid by the appellants on the enhanced amount in accordance with the statute. Counsel has further submitted that it is a settled position of law that the ad valorem fees is required to be paid in respect of accidents which have taken place after 01.04.2008 whereas in the present case the accident has taken place on 17.09.2007.
Learned counsel for the petitioners has also drawn the attention of this Court to an order dated 08.12.2015 passed by the full Bench of this Court in the case of Nitin Jain and another Vs. State of M.P. and others in W.P. No.2818/2015, wherein in para 7 the Court has observed as under:
07. The matter was considered earlier by a Single Bench of this Court in the case of Ramgopal vs. Haneef Khan, reported in 2013 (2) MPLJ 220 and the Court has crystallized the problem and held thus:-
"10. In this peculiar situation where the second amendment has substituted the word 10% to 2.5%, the question arises as to what shall be the Court Fee payable on appeal, irrespective of the fact athat the accident claim was filed after 2 nd April, 2008 or after 9th January, 2013.
11. As per the Division Bench Judgment of this Court delivered in the case of Smt. Supriya Kathane and others vs. Shri Lal Singh and others M.A. No.2110/2008, despite the amendment brought in by the State of Madhya Pradesh in the Court Fee Act applicable to the State of Madhya Pradesh, with respect to any appeal which arose out of the accident claim filed prior to 2nd April, 2008, the Court Fee @ Rs.30/-, which was payable is as per the original schedule irrespective of the fact that the appeal was filed after 2nd April, 2008 and prior to 9th January, 2013.
12. However, after coming into, force of the amendment by the State of Madhya Pradesh, the Court Fee @ 10% (of 2012) becomes payable on an appeal filed for enhancement of the amount of award passed by the Motor Accident Claims Tribunal in a case which was instituted after coming into force of the Madhya Pradesh Amendment enhancing the Court Fee payable on the enhanced amount claimed in the appeal @ 10% 3 w.e.f. i.e. the date, the amended provisions came into being i.e. w.e.f. 2.4.2008 would be payable."
And the Court has further observed that:
" 16. Thus, on account of substitution of the Court Fee payable from 10% to 2.5% only by way of amendment brought in force on 9th January, 2013, the Court Fee on motor accident appeal which arise out of motor accident claim filed after 2nd of April, 2008, shall now be payable only 2.5% on the enhanced amount. Accordingly, it is held that Court Fee on the appeal which is filed after coming into force of the second amendment, which become effective from 9th January, 2013, shall be payable only @ 2.5%."
Thus, counsel has submitted that in the present case as the accident has taken place on 17.09.2007, this Court also had no occasion to direct the petitioners to pay the ad valorem Court fees and the aforesaid error appears to have crept in on account of some typographical mistake as in other appeals i.e. M.A. Nos.4995/2010, 4994/2010 and 4997/2010 no such direction has been made, copy of the aforesaid orders have also been placed on record.
Learned counsel for respondent No.3 and respondent No.5 have also submitted that the order requires modification to the aforesaid extent as has been submitted by counsel for the petitioners.
On due consideration of the submissions and on perusal of the record, this Court finds that in the order under review dated 06.03.2020 in para 14 it appears to have wrongly mentioned that the appellants are required to pay ad valorem Court fees despite the legal position having already settled in the aforesaid Writ Petition No.2818/2015 and also looking to the fact that in the other connected appeals this Court has not given such direction, in the considered opinion of this Court, the order requires modification to the aforesaid extent as has been submitted by the counsel for the petitioners.
4Accordingly, the review petitions are hereby allowed and para 14 of the order dated 06.03.2020 passed in M.A. No.4993/2010 stands deleted as the petitioners have already paid the Court fees of Rs.30/-.
Accordingly, the review petitions stands disposed of. A copy of this order be placed in the original file of miscellaneous appeal and in the other connected appeals.
(Subodh Abhyankar) Judge vc Digitally signed by VARSHA CHOURASIYA Date: 2020.12.04 11:16:13 +05'30'