Babitha Jain, v. P. Thanasekaran

C.M.A.No.577 of 2016 T.S.SIVAGNANAM, J.

and C.SARAVANAN, J.

(Order of the Court was made by C.Saravanan, J.) The appellant has paid Court fee of sum of Rs.14,27,072.50. However, by order dated 16.10.2020, this Court has ordered a total compensation of Rs.1,52,90,000/- . As per proviso to Rule 24 of the Tamil Nadu Motor Vehicles Rules, 1989, where the amount of award is less than the amount of claim, the party shall be entitled to refund of the proportionate fee namely the difference between the fee actually paid and the fee due if the claim had been made for the amount of award. In view of the same, we are of the view that the appellant is entitled for refund of the differential court fee between the amount claimed and the amount awarded by this Court.

2.Registry is directed to process the refund within a period of thirty days from the date of receipt of a copy of this order. (T.S.S., J.) (C.S.N., J.) 03.09.2021 abr _________ https://www.mhc.tn.gov.in/judis/

T.S.Sivagnanam, J.

and C.Saravanan, J.

abr C.M.A.No.577 of 2016 03.09.2021 _________ https://www.mhc.tn.gov.in/judis/