1978 Supreme(Bom) 187
MASODKAR
Leelabai – Appellant
Versus
State of Maharashtra – Respondent
Advocates:
N.S. Kherdekar, for Applicant; M.P. Badar Asstt. Govt. Pleader (for No. 1.) and J.G. Dandekar, for No. 3, for Opponents.
ORDER :- This revision arises out of an order with regard to the liability to pay the court-fee upon an application for compensation filed under S.110 of the Motor Vehicles Act. R.291 of the Bombay Motor Vehicles Rules, 1959, provides for the procedure of making application to the Claims Tribunal. R.292 prescribes the fees that are to accompany such an application and are to be paid in the form of court-fee stamps. R.292, prior to its present amendment introduced by the notification of Oct. 28, 1977, had provided for payment of fixed court-fee of Rs. 10/-. The amended rule which applies to the present claim laid by the applicant in sum of Rs. 70,000/-raises the question of computation of the court-fee. The application was accompanied, it is not in dispute. with the court-fee of rupees 220-50. After computing, upon an interpretation of entry (iii) in the amended sub-rule (1). the Court has directed he applicant to pay Rs. 350/- as the correct court-fee. The Court has treated each entry as an independent provision directing payment of fees unconnected with the other. That order is questioned in the present revision application.
2. The amended sub-rule (1) of the 92 reads as follows :-
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