THRESSIA Vs. K S E B

JUDGEMENT

(1.) Petitioner is challenging Ext. P2 revenue recovery proceedings initiated for recovery of Rs. 17,040/-, towards court fee payable in respect of suit, O.S. No. 219/1995 filed originally by the petitioner along with her husband against KSEB claiming compensation for the death of their 17 year old daughter on account of the electric shock from electric line. During the pendency of the suit, petitioner's husband died and consequently children of the petitioner are impleaded as additional plaintiffs in the suit.

(2.) The suit filed by the petitioner and her children as indigent persons was decreed vide Ext. P1. As against the claim of Rs. 2.5 lakhs towards compensation, an amount of Rs. 85,500/- with 9% interest from the date of the suit was granted. The 2nd plaintiff in the suit was awarded a cost of Rs. 3,140/- which includes the stamp duty of Rs. 10/- paid on the plaint.

(3.) Even though the civil court passed Ext. P1 decree, it did not calculate the amount of court fee payable and the party by whom it is payable in terms of Order XXXIII Rule 10 C.P.C.. However, the civil court forwarded the decree to the District Collector for realising the court fee.