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Madras High CourtCMP/2858/2022allowed

J.S.Karthik Kumar v. Purushothaman (Died)

2022-03-01Honourable Ms. Justice P.T. Asha2 pages

C.M.P.No.2858 of 2022 in C.M.A.(SR).16197 of 2022 P.T. ASHA, J, In the appeal, the appellant has sought for enhancement of compensation of Rs.10,00,000/-. The Court fee payable is Rs.9,372.50/-, contending that they are not in a position to pay the entire Court fee payable under the Motor Vehicles Act due to the inability to mobilize funds, the appellants have sought for exemption from payment of Court fee of Rs.9,000/- out of the Court fee of Rs. Rs.9,372.50/-.

2.As per Rule 24 of the Tamil Nadu Motor Vehicles Accidents Claims Rules, 1989, the Tribunal, may at its discretion, exempt any party from the payment of fees prescribed under Sub-rule (1) provided, that where a claim of a party has been accepted by the Claim Tribunal, the party shall have to pay the prescribed fees, exemption in respect of which has been granted initially, before a copy of the Judgment is obtained.

1/2 https://www.mhc.tn.gov.in/judis

P.T. ASHA, J, mps The appellants have sought for a total waiver or exemption from payment of the Court fee of Rs.9,000/- out of Rs.9,372.50/- to be affixed in the appeal for enhancing compensation, this Court is satisfied with the reasons stated in the affidavit filed in support of this appeal and accordingly, the exemption sought for is granted. 01.03.2022 mps C.M.P.No.2858 of 2022 in C.M.A.(SR).16197 of 2022 1/2 https://www.mhc.tn.gov.in/judis