LILLY PUSHPAM Vs. GUNASEKARAN

JUDGEMENT

(1.) WE have awarded a sum of Rs. 5,40,000/- by our Judgment on 30.11.1999 as compensation to the petitioners. Counsel for the petitioners says that there is a difference of a sum of Rs. 2,35,000/- between the amount awarded by the trial court and the amount awarded by this Court for which the court fee payable is Rs. 1722.50. He also says that the excess court fee is paid in the sum of Rs. 14,563.50 and that amount has to berefunded to the petitioners.

(2.) RULE 24(3) of the Motor Accidents Claims Tribunal RULEs provides that where the amount of award is less than the amount of claim, the party shall be entitled to refund of the proportionate fee namely the difference between the fee actully paid and the fee due if the claim had been made for the amount of award. Having regard to the amount awarded by this Court, the petitioners are entitled for the refund of the excess court fee paid. The award was passed for Rs. 5,40,000/-. Petitioners have paid an excess court fee of Rs. 14,653-50. That excess amount is required to be refunded, and is ordered to be refunded to the petitioners.