In Claim Application No. 28/OAII/RCT/NGP/2001, the Railway Claims Tribunal, Bench at Nagpur, by its judgment and order dated 13-3-2003, has directed the respondent-Railway Authorities to pay to the appellants a sum of Rs. 4,00,000/- towards compensation on account of death of one Siju S. Vallikalayil, caused due to falling down from Train No. 2615 (G.T. Express) while travelling on 17-6-2000. This appeal is by the claimants, who are seeking further enhancement of compensation in this appeal under section 23 of the Railway Claims Tribunal Act, 1987.

2. The appellants/claimants have paid the Court fee of Rs. 25/-, as required by Article 13 under Schedule II of the Maharashtra Court Fees Act, 1959. It is the preliminary objection raised, based upon the decision of this Court in the case of Betel Stores by Proprietor Krishna Bonde vs. State of Maharashtra, reported in 1991(1) Mh.L.J. 823, urging that this is an order passed under section 16(1) of the Railways Claims Tribunal Act, which is an "award" within the meaning of Article 3 under Schedule I of the Maharashtra Court Fees Act, and the claimants have to pay the Court fee on the amount or the value of the award sought to be