LAWS(MPH)-2013-8-4

MANJU Vs. MOHD. JAMEEL

Decided On August 01, 2013
MANJU Appellant
V/S
MOHD. JAMEEL Respondents

JUDGEMENT

(1.) This order shall dispose of I.A. No. 4231 of 2013 filed on behalf of appellants to reduce the valuation of appeal.

(2.) This is claimants' appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation, for the death of one Ratansingh in a motor accident. Claims Tribunal has awarded Rs. 3,55,000 as compensation payable jointly and severally by the respondents.

(3.) Appeal is valued at Rs. 4,00,000 but filed on a fixed court fee of Rs. 30/ along with an undertaking of one of the claimants, Smt. Manju, (widow of Ratansingh) that the appellants shall pay the requisite court fee in view of the M.P. Amendment 2008 made in the Court Fees in the event of dismissal of the writ petitions filed in this Court challenging the vires of the Amendment Act No. 6 of 2008. These writ petitions have been dismissed on 18.11.2011 and interim order permitting filing of appeal on fixed court fees with an undertaking have also come to an end. Even though the writ petitions have been decided, parties are still filing appeals on fixed court fee unchecked.