GUJARAT HIGH COURT
R. A. Mehta, J.
State of Gujarat v. Savabhai and Another
1. This group of Revision Applications by the State is directed against the order regarding court fees payable by an indigent person in a motor accident case. All these Revision Applications involve a common question and they are directed against a common judgment.
2. The question is what is the amount of court fees payable by an indigent person when he partly succeeds in a motor accident claim case. Is the Court fee payable one - half of the ad valorem court fees payable on the amount claimed? Or is the Court fee payable only on the amount awarded, when the former one is higher than the latter?
3. In each of these cases the amount claimed was between 20 and 50 thousand and the amount awarded is between Rs.2700/- to Rs.11950/-. Each of the indigent claimants has now paid full court fees on the awarded amount. However, that amount is less than the amount of one - half of the Court fees payable on the original claim. Therefore according to the Inspecting Officer of Court Fees there was a deficit of court fees of Rs.135/- to Rs. 631.25 ps. in different cases. A tabular statement of the eight cases is as follows:
Out of the above eight cases, two CRAs being CRA No. 849/81 and CRA No. 8
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