Judgment :- This case is posted, as directed, to hear the submission in regard to maintainability in re­spect of Court Fee. 2. Heard T.S.R. Venkatramana, learned counsel for the appellant. 3. Learned counsel for the appellant sub­mitted that the claimants are not questioning the award amount in the Appeal and that the consideration in the appeal is only with refer­ence to the liability fixed among the respon­dents, which is incapable of valuation and the Court fee payable is rupee one only and as such the claimants are not liable to pay any Court fee more than a rupee. He also relied on the-provisions of the Motor Vehicles Act to sus­tain his claim. 4. He also drew my attention to the defini­tion of pecuniary damages and special dam-ages given in the Law Lexicon with Legal Maxims, Second Edition, written by VENKATARAMAIYA, which reads as follows and contended that the claimants are not liable to pay any Court fee as directed by the Regis-try: "Pecuniary Damages.— Such as can be es­timated in and compensated by money; not merely the loss of money or saleable prop­erty or rights, but all such loss, deprivation, or injury as can be made the subject of calcu­lation and or recompense in money." "Special Damages. Those which are the actual, but not the necessary, result of the in-jury complained of, and which in fact follow it as a natural and proximate consequence in the particular case that is, by reason of spe­cial circumstances or conditions." 5. The submission of the learned counsel for the appellant has been considered in detail. 6. The present Appeal is filed by the claim-ant not for enhancement of the compensation. 7. The owner of the vehicle and the insurer of the vehicle are the respondents. The lower Court fixed the compensation amount against the owner only while negativing the claim against the second respondent/Insurance Company. The Appeal is filed only to fix the responsibility against the Insurance Company also jointly and severally as per the policy con­dition. I have already held in the decision in CRP (NPD) Nos. 2008 to 2011 of 2003, etc. batch that the Insurance Company has to pay the compensation amount in respect of the road accident falling under Section 149 of the Motor Vehicles Act and thereafter, recover the same from the owner for violation of policy condition of the same if it is so. 8. 2008 to 2011 of 2003, etc. batch that the Insurance Company has to pay the compensation amount in respect of the road accident falling under Section 149 of the Motor Vehicles Act and thereafter, recover the same from the owner for violation of policy condition of the same if it is so. 8. So, the dispute is, who has to pay the compensation i.e., whether the liability to be fixed jointly and severally against the Insur­ance Company or the liability to be fixed against the owner of the vehicle, which the case falls outside the purview of Section 149 of the Motor Vehicles Act or otherwise. 9. Rule 24(1-A) of the Motor Vehicles Rules (Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989) reads as fol­lows: "(I-A) An Appeal under Section 173 of the Act shall be accompanied by a fee of Re. l (Rupees one only) in the form of Court fee stamp, if the claim in a case of accident is confined to special damages and if any fur­ther general damage is claimed, an ad valo­rem fee shall be charged on the aggregate of the special and general damages claim on the following scales, namely: Amount of claim Amount of Court fee (1) (2) 1. Below Rs. 2000 - No appeal 2. Rs. 2000 to 5,000 - Rs.10 3. Rs.5,000 to 50.000 - Rs.10 plus one-fourth percent of the amount by which the claim exceeds Rs.5,000 4. Rs.50,000 to 1,00.000 - Rs.122.50 plus half percent of the amount by which the claim exceeds Rs.50,000 5. Over Rs.1,00,000 - Rs.122.50 plus half percent of the amount by which the claim exceeds Rs.1,00,000 10. So, I am satisfied that the Court fee of rupee one paid in the Appeal under Rule 24(1-A) (Special Damages) of Tamil Nadu Motor Vehicles Rules (Tamil Nadu Motor Ve­hicles Accident Claims Tribunal Rules, 1989) is in order taking note of the fact the relief sought for in the appeal. 11. The Registry is directed to number the Appeal. Post it for further proceedings. Direction to registry to number the appeal.