Claimants whose claim petitions are settled before Lok Adalats are entitled to a refund of fees paid, as per the relevant provisions of the Legal Services Act, Civil Procedure Code, and Court Fees Act.

F.M. Reis, J.

Heard Shri Y. V. Nadkarni, learned Amicus Curiae appointed by this Court and Shri A. N. S. Nadkarni, learned Advocate General, appearing on behalf of the Respondents.

2. The above Suo Moto Writ Petition was registered in view of a submission dated 19.07.2013 by the learned Registrar (Judicial) & Member Secretary of the Goa State Legal Services Authority. The issue raised is as under:

“Whether a claimant/s, as the case may be, whose claim petition/s is/are referred, to any one of the modes of settlement of dispute, as per Section 89 of CPC and settled amicably, by one of such mode, should be left high and dry in the matter of refund of fees paid as per Rule 278(i) of the Motor Vehicles Rules, 1991, for want of specific provisions under the said rule ?”

3. On the basis of the said submission, this Court issued a notice to the Respondents vide Order dated 30.07.2013 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 22.08.2013.

4. It is the stand of the Respondents in the affidavit that the claimant is entitled to a certificate from the Court which has referred the matter to the Lok Adalat to receive the full amount of Court fees from the Collector in terms of Section 21 of the Legal Services Act 1987 read with Section 89 of the Civil Procedure Code, 1908, and read with Section 16 of the Court Fees Act, 1870.

5. 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.

6. The learned Advocate General appearing for the State pointed out that though there is no quarrel with the propositions advanced by the learned Amuicus Curiae, but however, according to him, the Tribunals before whom the Claim Petitions have been filed should pass appropriate Orders directing the issuance of certificates to enable the claimants to seek refund of the fees paid by them before the Collector in view of Section 16 of the Court Fees Act. The learned Advocate General further pointed out that this exercise is permissible in terms of the provisions of law and, as such, unless and until such certificate is issued, the Collector would not be in a position to refund such fees. Learned Advocate General has also placed on record his brief arguments in connection with his submissions.

7. We have considered the submissions of the learned Amicus Curiae as well as the learned Advocate General and gone through the records. On perusal thereof, we find that the claimants file the Petitions before the Motor Accident Claims Tribunal for compensation, inter alia, under Section 166 of the Motor Vehicles Act, 1988. Such Tribunal is constituted under Section 165 of the said Act. In terms of the said Act, the Claims Tribunal shall be deemed to be a Civil Court for all the purpose of Section 195 and Chapter XXVI of the C