M.R. Hariharan Nair, J.

The question arising for decision in the revision is whether the death of the petitioners' predecessor in consequence of alleged medical negligence can be taken as "accident" for the purpose of S.74(1)(viii) of the Kerala Court Fees and Suits Valuation Act, 1959 which enables exemption in the manner of payment of court fees. The court below has found in the preliminary order deciding issue No. 2 that it is not an accident and that Court Fees should be paid ad valorem.

2. I have heard both sides.

3. For effective consideration of the question, it is useful to quote S.74(1)(viii) which is an exception to S.22 of the Kerala Court Fees and Suits Valuation Act, 1959, here.

74. Special provision regarding suits by registered trade union member of Scheduled Castes etc.- (1) Notwithstanding anything contained in the forgoing provisions of this Act, the Court shall, subject to the provisions of sub-s.(2), admit the plaint in respect of the following kinds of suits even though the fee chargeable under this Act has not been paid and after such admission calculate the amount of court fee chargeable in respect of the plaint under the provisions of this Act, and r