BASID Vs. SANU

JUDGEMENT

(1.) It is challenging Exhibits P5 and P6 orders passed by the Motor Accidents Claims Tribunal, Thrissur, this Writ Petition is filed. Exhibit P5 order is passed in an application filed for exemption of court fee and that application has been dismissed. Exhibit P6 order was passed on account of non payment of court fee and LA. was closed. The Motor Accidents Claims Tribunal is constituted for the solace of the victims in motor accidents. Approach of the Tribunal must be compassionate and to act as an adjudicator to protect the interest of a victim who has been dragged to the Tribunal on account of non payment of compensation by the owner/insurer, either because of dispute regarding the amount of compensation or because of other legal contingencies that may be available to the owner/insurer to raise dispute. Whatever be the nature of adjudication that is contemplated before the Tribunal, the Tribunal cannot forget its duty to provide solace to the victim. It is not a mandatory that court fee should be preceded by the application. Court fee could be collected even from the compensation amount awarded. In such situation, Tribunal ought not have rejected application for amendment of enhancement of compensation. Accordingly, Exhibits P5 and P6 are set aside. There shall be a direction to the Tribunal to permit the petitioner to amend the claim for enhancement of compensation without any court fee being paid on claim for enhanced compensation. The court fee which due on the enhanced compensation can be either recovered from the compensation portion of the amount or by other mode that may be available under the provisions of law. The Registry is directed to instruct the Tribunal concerned, not to dispose the claim for compensation without allowing the petitioner to amend the claim of compensation.