The main legal point established is that exemptions from court fees should be granted judiciously and that the government should amend the rules to provide clarity.

JUDGMENT

(Prayer: Civil Miscellaneous Petition is filed under Section 151 of the CPC to order exemption of Court fee for a sum of Rs.6,000/- in the above CMA.)

1. This Court had invited the appellants in all these appeals, the members of the Bar, the learned Special Government Pleader to make their submissions on the two issues that had been raised by the Court, which are as follows:

“(1)Whether the provisions of Rule 24 would apply to Appeals under Section 173 of the Motor Vehicles Act without giving proof of the indigent circumstances.

(2)Whether the petitioners/claimants who have obtained exemption can withdraw the amounts deposited without paying the Court Fees.”

2. Mr.Sharath Chandran had been appointed as Amicus Curiae to assist the Court by order 16.03.2022.

3. The CMPs now placed for the consideration of the Court seek orders exempting the Appellants from paying the Court fees payable towards the Appeal filed under Section 173 of the Motor Vehicles Act, 1988. The reasons given in these petitions are briefly reproduced herein below.

Contents of the affidavits citing reasons for an exemption:

4. The submission of the claimants while seeking an exemption of court fee is generally that the deceased or the injured was the breadwinner of the family and that after their death or injury, the family had been put to great hardship to lead their daily life. Additionally, financial crisis due to the Covid-19 pandemic has also been stated in order to obtain the exemption from paying the requisite court fee. Even in cases where the deceased is survived by an earning member of the family, it is pleaded that any money earned by such persons is very little and insufficient to meet family expenses. The submission that the deceased is the only breadwinner of the family has been made even in a case where the deceased was the mother of a 38-year-old male claimant. In a case where the injured is a minor girl, exemption is sought on the ground that the father of the minor girl had to spend a lot of money on the medical expenses for the daughter and hence had no money left to pay the requisite court fee.

5. In one of the cases where the claimant is the 70-year-old wife of the deceased, it has been submitted that the claimant has no money to pay court fee as her only son had become very sick and that with no one to support her financially, she has been relying on the support of her neighbors for sustenance. In all other cases, it generally stated that the claimants having been dependent upon the income of the deceased and that they are in a financially unstable condition and are hence, not in a position to pay the requisite court fee. In the case where the claim arises out of an injury, expenses incurred as a result of medical expenses is generally referred to in order to obtain an exemption. Hence, in all affidavits for an exemption from court fee, it is concluded that the claimants will be put to great prejudice, irreparable loss and mental agony if they are not exempted from paying the requisite court fee but on the other hand, no prejudice would be caused to the Respondents.

Submissions:

6. On the side of the appellants only Ms.Subadra had addressed arguments. Mr.Ishtaq Ahmed who was the only other counsel who argued had only submitted that the petitioner was really in dire straits and has also not received any portion of the award. Ms.Subadra had addressed arguments by contending that Sub Rule 3 of Rule 24 has to be extended to appeals as well. She would submit that there is a proposal to amend Rule 24 of the Tamil Nadu Motor Vehicles Accidents Claims Tribunal Rules, whereby Rule 24 was sought to be substituted.

7. The learned counsel has relied upon the draft amendment proposed by the Tamil Nadu Government to Rule 24, where it has been proposed to suo motu grant an exemption from payment of Court fees. It is contemplated that the Court fee would be paid by the respondent once the award is passed by calculating the Court fee p