ORDER : These appeals are filed under Section 173 of the Motor Vehicles Act, 1988 challenging the award passed by the Motor Accidents Claims Tribunals in the claim petitions filed under Section 166 of the said Act. The appellants, who are the claimants before the Tribunals, are before this Court claiming enhanced compensation. 2. Since the issue relates to payment of Court Fee, in view of the amended provisions of sub-rule (3) of Rule 396 of the Kerala Motor Vehicles Rules, 1989, which came into force with effect from 16.01.2015, the learned Special Government Pleader was asked to appear. On 09.01.2020, the learned Special Government Pleader sought time to get instructions from the Government and accordingly, the matter was adjourned. 3. Challenging the amendment made to sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules, some of the appellants have filed W.P.(C)Nos.2295 of 2020 and 2860 of 2020, which are now pending consideration before the concerned Bench. The State and the official respondents are yet to file counter affidavit in those matters. 4. Heard the learned counsel for the appellants, the learned Standing Counsel for the insurer and also the learned Special Government Pleader. 5. Rule 396 of the Kerala Motor Vehicles Rules deals with appeal against the decisions of Claims Tribunal. As per sub-rule (1) of Rule 396, an appeal against the award of a Claims Tribunal shall be preferred in the form of a memorandum stating concisely the grounds on which appeal is preferred. As per sub-rule (2), the appeal shall be accompanied by a copy of the award appealed against and the fee prescribed in sub-rule (3) of Rule 397. 6. Rule 397 of the Kerala Motor Vehicles Rules, which deals with fees reads thus: “397. As per sub-rule (2), the appeal shall be accompanied by a copy of the award appealed against and the fee prescribed in sub-rule (3) of Rule 397. 6. Rule 397 of the Kerala Motor Vehicles Rules, which deals with fees reads thus: “397. Fees.- (1) Every application under sub-section (1) of Section 166 of the Act, for payment of compensation shall be accompanied by a fee of rupee one 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 damages are claimed, an advalorem fee shall be charged on the aggregate of the special and general damages claimed on the following scales, namely:- Amount of Claim Amount of Court Fee (i) Upto Rs.5,000/- Rs.10/- (ii) Rs.5,001/- to Rs.50,000/- Rs.10/- plus 1/4% of the amount by which the claim exceeds Rs.5,000/ (iii) Rs.50,001/- to 1,00,000/- Rs.122.50 plus 1/2% of the amount by which the claim exceeds Rs.50,000/ (iv) Over Rs.1,00,000/- Rs.372.50 plus 1% of the amount by. which the amount of claim exceeds Rs.1,00,000/- (2) The Claims Tribunal may, in its discretion, exempt a party from the payment of the fee prescribed under sub-rule (1). Provided that when the claimant succeeds and an award is made in his favour, the party ordered by the award to pay the compensation shall deposit the amount of compensation before the Claims Tribunal, and the claimant shall be paid only such amount available after deducting the court fee which would have been paid by the claimant had he not been exempted under sub-rule (2) of this rule. (3) The fee for an appeal shall be rupees one hundred.” (underline supplied) 7. Sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules was amended by the Kerala Motor Vehicles (5th amendment) Rules, 2014, - G.O.(P)No.92/2014/Tran. Dated 29.12.2014 published in Kerala Gazette Extraordinary No.139 dated 16.01.2015, which came into force with effect from 16.01.2015. Sub-rule (3) of Rule 397, after its amendment, reads thus: "(3) The fee for an appeal shall be 2% of the excess amount claimed with a minimum amount of rupees one thousand. Provided that if the appeal is filed for reducing the claim amount or to strike down the order of the Claims Tribunal, the appeal fees shall be Rs.1,000/-(Rupees one thousand only)." (underline supplied) 8. Provided that if the appeal is filed for reducing the claim amount or to strike down the order of the Claims Tribunal, the appeal fees shall be Rs.1,000/-(Rupees one thousand only)." (underline supplied) 8. The explanatory note of the aforesaid notification reads thus: "Transport Commissioner has forwarded the proposal for making necessary amendment in sub rule (3) of rule 397 of the Kerala Motor Vehicles Rules, 1989 for raising the fee for appeal against the order of claims Tribunal. Government have examined the matter and decided to make amendments in sub rule (3) of rule 397 of the Kerala Motor Vehicles Rules, 1989. The notification is intended to achieve the above object.” 9. Registry omitted to note the aforesaid amendment made to sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules, which came into force with effect from 16.01.2015 and numbered the appeals filed under Section 173 of the Act, with a fixed Court Fee of Rs.100/-. Some of those appeals have already been disposed of. 10. In Sivadasan C. v. New India Assurance Co.Ltd. and Others [ 2011 (2) KHC 284 ] a Division Bench of this Court held that appear being a continuation of the suit, the Court Fee payable will have to be determined as on the date of filing of the suit. Unless the amendment brought to the Kerala Court Fees and Suits Valuation Act, 1959 is specifically stated to have retrospective effect, it can only have prospective effect. However, if the amendment reduce the Court Fee, the appellant is entitled to take the benefit of reduced Court Fee as per the amended provision. 11. In view of the law laid down by the Division Bench of this Court in Sivadasan's case (supra) the enhanced fees provided under the amended provisions of sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules, for an appeal filed under Section 173 of the Act, cannot be levied in an appeal arising out of an award passed by the Claims Tribunal in a Claim Petition filed before 16.01.2015. 12. 12. As per clause (iv) of sub-rule (1) of Rule 397 of the Kerala Motor Vehicles Rules, if the amount claimed in an application filed under sub-section (1) of Section 166 of the Motor Vehicles Act is above Rs.1,00,000/- the amount of fee leviable shall be Rs.372.50 plus 1% of the amount by which the amount of claim exceeds Rs.1,00,000/-. In view of the amended provisions of sub-rule (3) of Rule 397, the amount of fee leviable in an appeal arising out of an award passed by the Claims Tribunal in a Claim Petition filed on or after 16.01.2015, shall be 2% of the excess amount claimed, i.e., 2% of the amount claimed in the appeal in excess of the amount claimed in the application filed under sub-section (1) of Section 166 of the Motor Vehicles Act, or the minimum fee of Rs.l,000/-, whichever is higher. Since the amount of fee of 2% is levied on the excess amount claimed in an appeal filed under Section 173 of the Act, in excess of the amount claimed in the application filed under sub-section (1) of Section 166 of the Motor Vehicles Act, in case enhanced compensation is granted in an appeal arising out of an award passed by the Claims Tribunal in a Claim Petition filed on or after 16.01.2015, in excess of the amount claimed in the application filed before the Tribunal, the appellant/claimant shall not be required to pay additional fee before the Tribunal for such enhanced compensation. 13. In M.A.C.A.No.3545 of 2019, arising out of the award passed by the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)No.807 of 2015, which is an application filed under sub-section (1) of Section 166 of the Motor Vehicles Act claiming compensation for the injuries sustained in a motor accident which occurred on 15.03.2015, the total compensation claimed was Rs.22,12,000/-, which was limited to Rs.20,00,000/- for the purpose of payment of fee under sub-rule (1) of Rule of 397 of the Kerala Motor Vehicles Rules. By the impugned award, the Tribunal awarded a total compensation of Rs.11,83,839/- together with interest at the rate of 8% per annum, with proportionate cost. By the impugned award, the Tribunal awarded a total compensation of Rs.11,83,839/- together with interest at the rate of 8% per annum, with proportionate cost. In case the enhancement of compensation claimed in M.A.C.A.No.3545 of 2019 filed under Section 173 of the Motor Vehicles Act is within the total compensation of Rs.20,00,000/- claimed in O.P.(MV)No.807 of 2015, for which the appellant/claimant had already paid the requisite fee under sub-rule (1) of Rule 397 of the Kerala Motor Vehicles Rules, i.e., Rs.372.50 plus 1% of the amount by which the amount of claim exceeds Rs.l,00,000/-, the fee leviable in M.A.C.A.No.3545 of 2019 shall be the minimum fee of Rs.1,000/-. In case the enhancement of compensation claimed in M.A.C.A.No.3545 of 2019 is in excess of the total compensation of Rs.20,00,000/- claimed in O.P.(MV)No.807 of 2015, the fee leviable shall be 2% of the excess amount claimed, i.e., 2% of the amount claimed in the appeal in excess of Rs.20,00,000/- or the minimum fee of Rs.l,000/-, whichever is higher. 14. As per sub-rule (2) of Rule 396 of the Kerala Motor Vehicles Rules, an appeal against the award of a Claims Tribunal shall be accompanied by a copy of the award appealed against and the fee prescribed in sub rule (3) of Rule 397. In the absence of any Provision similar to sub-rule (2) of Rule 397 of the Kerala Motor Vehicles Rules, for granting exemption to an appellant/claimant from payment of the fee prescribed under sub-rule (3) of Rule 397, every appeal filed under Section 173 of the Motor Vehicles Act, arising out of an award passed by the Claims Tribunal in a Claim Petition filed on or after 16.01.2015, shall be accompanied by the fee prescribed in sub-rule (3) of Rule 397. The docket of every such appeal and the memorandum of appeal shall contain a valuation statement containing the valuation of the appeal as per the amended provisions of sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules. 15. Registry shall publish the list of appeals filed under Section 173 of the Motor Vehicles Act, arising out of awards passed by the Claims Tribunals in Claim Petitions filed on or after 16.01.2015, requiring the appellants to file valuation statements containing the valuation of the appeal as per the amended provisions of sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules and to remit the additional fee. 16. In appeals, arising out of awards passed by the Claims Tribunals in Claim Petitions filed on or after 11-01-2015, which are yet to be numbered, the appellants shall be required to re-present those appeals with valuation statement containing the valuation of the appeal, as per the amended provisions of sub-rule (3) of Rule 397 of the Kerala Motor Vehicles Rules, on the docket and the memorandum of appeal, and after remitting the additional fee. Payment of fee as above shall be subject to the outcome of Writ Petition Nos.2295 of 2020 and 2860 of 2020.