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1995 Supreme(Ori) 299

ARIJIT PASAYAT
NESHTAR KAUR – Appellant
Versus
ARBAIL SINGH – Respondent


Advocates Appeared:
B.K. Misra, for the Appellant; None, for the Respondent

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The notification issued by the State Government remitting court fees applies only to cases or proceedings filed or instituted after the notification came into force, and does not apply to pending cases (!) (!) .

  2. The court reasoned that applying the notification to pending cases would lead to inconsistent and anomalous situations, such as similar appellants being treated differently regarding court fee obligations (!) .

  3. In the present case, although the appeals were filed prior to the notification's issuance, the court held that the notification's scope does not extend to cases already pending at that time, and therefore, court fees are payable (!) (!) .

  4. The court exercised its power under Rule 22 of the Tribunals Rules to grant exemption from court fees, despite the notification's inapplicability to pending cases, as a discretionary measure (!) .

  5. The exemption from court fees for appellants was granted based on the Tribunal Rules, which allow the Tribunal to exempt parties from payment under certain conditions, subject to specific provisos (!) .

  6. The case involved claims for compensation arising from a motor accident, with the appellants asserting that they belonged to categories entitled to exemption under the notification, but the court clarified that the notification's scope did not include pending cases (!) (!) .

  7. The court emphasized that the interpretation of the notification should prevent inconsistent treatment among similarly situated parties and that the language of the notification clearly indicates its applicability only to cases filed after its commencement (!) .

Please let me know if you need further analysis or specific legal advice related to this case.


JUDGMENT :

A. Pasayat, J. - Appellants-petitioners (hereinafter referred to as the claimants) submit that they are not required to pay the court-fee for entertaining the appeal.

2. Claims were lodged by the claimants claiming compensation for untimely death of one Atma Singh (hereinafter referred to as. the 'deceased') and for injuries sustained by claimant Neshtar. The Second Motor Accidents Claims Tribunal, Cuttack (in short, the 'Tribunal') quantified the compensation at Rs. 1,20,000/- for the death and Rs. 60,000/- for the injuries, but directed the same to be paid by the owner of the vehicle (ORB 6093). In these appeals u/s 173 of the Motor Vehicles Act, 1988 (in short, the 'Act') apart from the question of correctness of the award, the claimants have taken a stand that the Tribunal should have hold that the New India Assurance Co. Ltd., (hereinafter referred to as the 'insurer') was liable to indemnify the award. Court-fee payable as per the slab provided in the Orissa Motor Vehicles (Accidents Claims Tribunals) Rules, 1960 (in short, the Tribunals Rules') is Rs. 600/-for Misc. Appeal No. 260. of 1994, and Rs. 225/-for Misc. Appeal No. 259 of 1994. The appeals were filed on 13-




















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