IMPORTANT POINT
As per clause (iv) of sub-rule (1) of Rule 397 of the Kerala Motor Vehicles Rules, if the amount claimed in an application filed under sub-section (1) of Section 166 of the Motor Vehicles Act is above Rs.1,00,000/- the amount of fee leviable shall be Rs.372.50 plus 1% of the amount by which the amount of claim exceeds Rs.1,00,000/--Since the amount of fee of 2% is levied on the excess amount claimed in an appeal filed under Section 173 of the Act, in excess of the amount claimed in the application filed under sub-section (1) of Section 166 of the Motor Vehicles Act, in case enhanced compensation is granted in an appeal arising out of an award passed by the Claims Tribunal in a Claim Petition filed on or after 16.01.2015, in excess of the amount claimed in the application filed before the Tribunal, the appellant/claimant shall not be required to pay additional fee before the Tribunal for such enhanced compensation.

ORDER :

These appeals are filed under Section 173 of the Motor Vehicles Act, 1988 challenging the award passed by the Motor Accidents Claims Tribunals in the claim petitions filed under Section 166 of the said Act. The appellants, who are the claimants before the Tribunals, are before this Court claiming enhanced compensation.

2. Since the issue relates to payment of Court Fee, in view of the amended provisions of sub-rule (3) of Rule 396 of the Kerala Motor Vehicles Rules, 1989, which came into force with effect from 16.01.2015, the learned Special Government Pleader was asked to appear. On 09.01.2020, the learned Special Government Pleader sought time to get instructions from the Government and accordingly, the matter was adjourned.

3. Challenging the amendment made to sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules, some of the appellants have filed W.P.(C)Nos.2295 of 2020 and 2860 of 2020, which are now pending consideration before the concerned Bench. The State and the official respondents are yet to file counter affidavit in those matters.

4. Heard the learned counsel for the appellants, the learned Standing Counsel for the insurer and also the learned Special Government Pleader.

5. Rule 396 of the Kerala Motor Vehicles Rules deals with appeal against the decisions of Claims Tribunal. As per sub-rule (1) of Rule 396, an appeal against the award of a Claims Tribunal shall be preferred in the form of a memorandum stating concisely the grounds on which appeal is preferred. As per sub-rule (2), the appeal shall be accompanied by a copy of the award appealed against and the fee prescribed in sub-rule (3) of Rule 397.

6. Rule 397 of the Kerala Motor Vehicles Rules, which deals with fees reads thus:

“397. Fees.- (1) Every application under sub-section (1) of Section 166 of the Act, for payment of compensation shall be accompanied by a fee of rupee one in the form of Court Fee Stamp, if the claim in a case of accident is confined to special damages and if any further general damages are claimed, an advalorem fee shall be charged on the aggregate of the special and general damages claimed on the following scales, namely:-

(2) The Claims Tribunal may, in its discretion, exempt a party from the payment of the fee prescribed under sub-rule (1).

Provided that when the claimant succeeds and an award is made in his favour, the party ordered by the award to pay the compensation shall deposit the amount of compensation before the Claims Tribunal, and the claimant shall be paid only such amount available after deducting the court fee which would have been paid by the claimant had he not been exempted under sub-rule (2) of this rule.

(3) The fee for an appeal shall be rupees one hundred.” (underline supplied)

7. Sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules was amended by the Kerala Motor Vehicles (5th amendment) Rules, 2014, - G.O.(P)No.92/2014/Tran. Dated 29.12.2014 published in Kerala Gazette Extraordinary No.139 dated 16.01.2015, which came into force with effect from 16.01.2015. Sub-rule (3) of Rule 397, after its amendment, reads thus:

"(3) The fee for an appeal shall be 2% of the excess amount claimed with a minimum amount of rupees one thousand.

Provided that if the appeal is filed for reducing the claim amount or to strike down the order of the Claims Tribunal, the appeal fees shall be Rs.1,000/-(Rupees one thousand only)." (underline supplied)

8. The explanatory note of the af