JAYABEN JIVRAJBHAI Vs. KARSANBHAI K RATHOD

JUDGEMENT

(1.) Leave to add State of Gujarat as a party. Rule. Mr. S. T. Mahta, the learned A.G.P. waives service on behalf of the State which is the only vitally affected party in this revision petition. The Rule is finally heard and will stand disposed of by the following judgment :

(2.) The petitioner filed before the Motor Accidents Claims Tribunal, Jamnagar, an application under Sec. 110A of the Motor Vehicles Act, 1939 (for short the Old Act) for claiming compensation for personal injury sustained by her as a result of an automobile accident. Pending that application, she filed an interim application, Exh. 10, under Sec. 92A of the Old Act claiming interim compensation on the ground of no fault liability. In that application, she claimed compensation in the sum of Rs. 12,500.00. The learned District Judge, Jamnagar who acted as the Claims Tribunal under Old Act directed the opponents to the application to deposit Rs. 7,500/- in the office of the Tribunal with 12% interest thereon from the date of that application, Exh. 10. Accordingly, the opponents to the main application deposited Rs. 7,782 in the office of the Tribunal. The petitioner applied for the withdrawal of that amount. The Tribunal on that application passed the following order : "To be paid only after deduction of Court-fees as Account payee cheque."

(3.) It is the aforesaid order by which the Tribunal has directed the deduction of the Court-fees which hits the petitioner and she, therefore, filed this revision application under Sec. 115 of the C.P.C.