CHIEF SECRETARY Vs. DIRECTOR OF TRANSPORT

JUDGEMENT

(1.) HEARD Shri Y.V. Nadkarni, learned Amicus Curiae appointed by this Court and Shri A.N.S. Nadkarni, learned Advocate General, appearing on behalf Amicus Curiae of the respondents. The above suo moto writ petition was registered in view of a submission dated 19.7.2013 by the learned Registrar (Judicial) & Member Secretary of the Goa State Legal Services Authority. The issue raised is as under:

(2.) ON the basis of the said submission, this Court issued a notice to the respondents vide Order dated 30.7.2013 and called upon them to file an affidavit with that regard. The stand of the State Government came to be stated by the affidavit filed by the respondents on record dated 22.8.2013.

(3.) WE have heard the learned Amicus Curiae, who has pointed out that in view of the provisions of section 16 of the Court Fees Act, 1870, even the fees which are paid at the time of the filing of the Claim petitions can be read into the said provision to entitle the claimant to seek a refund. Learned Amicus Curiae has taken us through the provisions of section 21 of the Legal Services Act, 1987 and pointed out that even in terms of section 89 of the Civil Procedure Code, the settlements before Lok Adalat are also including therein. Learned Amicus Curiae further pointed out that merely because the word used is "fees" does not divest the colour of the payment to be Court Fees as the Tribunals deciding motor accident claims are not courts and, as such, the term used is "fees". Learned Amicus Curiae further pointed out reading the provisions of section 21 of the Legal Services Act with section 89 of the Civil Procedure Code and section 16 of the Court Fees Act, the inescapable conclusion is that the claimants filing Claim petitions and whose petitions have been settled before Lok Adalats, are entitled for the refund of the fees paid by them whilst filing such claim petition.