JOLLY BABU Vs. CHIEF SECRETARY STATE OF KERALA

JUDGEMENT

(1.) The question arising for decision in the revision is whether the death of the petitioners' predecessor in consequence of alleged medical negligence can be taken as "accident" for the purpose of Section 74 (1) (viii) of the Kerala Court-fees and Suits Valuation Act, 1959 which enables exemption in the matter of payment of Court-fees. The Court below has found in the preliminary order deciding issue No. 2 that it is not an accident and that Court-fee should be paid ad valorem.

(2.) I have heard both sides.

(3.) For effective consideration of the question, it is useful to quote Section 74 (1) (viii) which is an exception to Section 22 of the Kerala Court-fees and Suits Valuation Act, 1959, here.