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Chhat Bai Sahu vs Chhattisgarh State Electricity Board ... on 3 December, 2024

22. The issue with regard to exemption of court fee has come up for consideration before the Division Bench of this Court in case of Smt. Hemlata Netam (supra) wherein the Division Bench of this Court while referring to its earlier decision in case of Rishikesh Sahu Vs. Chhattisgarh State Electricity Board & Anr, in MCC No.90 of 2003 (decided on 20.09.2012) as also the decision of Hon'ble Supreme Court in case of New India Assurance Company Ltd. Vs. NUSLI Neville Wadia & Anr., reported in (2008) 3 SCC 279 and taking into consideration the Notification F.No.9-2-86-B-XXI, dated 2nd August, 1986 held that claim made in death case, which occurred owing to 12 / 19 electrocution would be exempted from court fees. Relevant para is quoted as under :-
Chattisgarh High Court Cites 19 - Cited by 0 - P P Sahu - Full Document

Jhakharu vs Dukalu @ Vishnushankar on 6 February, 2023

4. This Court in separate appeal of the like nature in FA No.63/2021 in between Chhattisgarh State Power Distribution Company Limited Vs. Smt. Hemlata Netam held that when the death caused due to electrocution and the leakage, it would amount to escape of dangerous ingredients of 3 electricity and the Court fees would not be payable in the appeal in view of the notification of State F.No.9-2-86-B-XXI dated 02-08-1986 which exempts payment of Court fees under certain circumstances. In any case apart from the fact that report of the State is on record that appellants are person without sufficient means to raise Court fees and further, Division Bench of this Court has held that the Court fees would not be payable in the appeal of like nature. We are of the view that the FA No.357/2019 would be maintainable even in absence of the Court fee.
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Smt. Bimla Bai Verma vs State Of Chhattisgarh on 28 April, 2026

7. Taking into consideration the facts of the case in hand and law laid down by the Hon'ble Division Bench of this Court in the aforesaid cases, without going into the merits of the case, the present writ petition is disposed of by granting liberty to the petitioner to file civil suit seeking compensation before the competent Civil Court. It is further observed that, in the event of filing such civil suit, the Court shall not 4 insist upon the issue of limitation in light of the pendency of the instant petition before this Court.
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