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Report No. 128

Reduction in Court Fee

28. In respect of cases relating to motor accidents claims, recommendation is as follows:

(i) The court fee payable by the claimant before the Tribunal should be Rs. 10 upto Rs. 1 lakh.

(ii) If the amount claimed exceeds Rs. 1 lakh, the fee should be 1/2 per cent. of the amount in excess of Rs. 1 lakh.

(iii) In cases mentioned in (ii) above, 50 per cent. of the fee may be paid at the time of filing the claim and the remaining 50 per cent may be paid after the decree is passed.

(iv) In calculating the fee payable under (iii) above, the amount decreed, and not the amount claimed (if there be a difference between the two) should be taken into account. Suitable adjustment may be made, keeping in view the fee paid at the time of preferring the claim.

(v) At the stage of appeal, fee should be paid on the amount of difference between the Tribunal's award and the amount claimed in appeal, at the same money suit.

(Para. 30.5)

29. In land acquisition cases, the court may be as under:-

(i) A nominal fee to be charged on an application for "reference" to the court against the Collector's award.

(ii) In appeal against the decision on "reference", 50 per cent if the ad valorem fee as on money suits to be charged on the amount of difference between the amount claimed and amount decided by the court.

(Para. 31.5)

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