STATE OF GUJARAT Vs. THAKAR LALSHANKER UMIYASHANKER

JUDGEMENT

(1.) This application in revision is directed against the order passed by the learned Motor Accident Claims Tribunal Surendranagar hereinafter referred to as the Tribunal on an application for refund of court-fees made in M. A. C. T. case No. 18 of 1971 on 15th September 1973

(2.) The petitioners in the above case had made an application for claiming compensation to the extent of Rs.30 0 under sec. 110-A of the Motor Vehicles Act 1939 In accordance with the provisions of Rule 292 of the Bombay Motor Vehicles Rules 1959 hereinafter referred to as the Rules an amount of Rs. 950.00 was paid as court-fees. The matter was however compromised for Rs. 7 0 The claimants therefore made an application for refund of Rs. 695.00 out of the amount of Rs. 950.00paid by them towards the court-fees. The learned Tribunal held that only the amount of Rs. 475.00 which was half the amount of the court-fees paid by the claimants should be refunded to them. Being aggrieved by the above order the State has come in revision to this court. When the matter came up for hearing before A. D. Desai J. he took the view that the matter involved questions of general import- ance and hence he referred the matter to a larger bench. This is how the matter has come up for hearing before us.

(3.) The provisions as to payment of court-fees in respect of applications under sec. 110-A of the Motor Vehicles Act 1939 are contained in Rule 292 of the Rules which reads as under: