Minor R.Akilesh v. R.Shoba

C.M.P.No.18356 of 2019 in C.M.A.(SR) No.64869 of 2019 R.MAHADEVAN, J.

This petition is filed by the petitioner / appellant / claimant seeking exemption from payment of Court fee of Rs.9,000/-.

2. Heard the learned counsel for the petitioner.

3. It is seen from the affidavit filed in support of this petition that vide award dated 27.11.2018, the Tribunal has awarded a total compensation of Rs.13,00,000/- for the injuries sustained by the petitioner, in an accident that had occurred on 24.12.2015; though the Tribunal has directed the second respondent / Insurance Company to deposit the award amount with interest and costs within a period of 60 days, the second respondent has not complied with the said direction; and as the petitioner being a minor, has no source of income, he finds it difficult to pay the court fee. Hence, the petitioner sought to exempt him from paying the court fee.

4. It is submitted by the learned counsel for the petitioner that due to the injuries sustained by the petitioner, he has spent more money towards medical expenses.

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R.MAHADEVAN, J.

gbi

5. Considering the aforesaid submissions as well as the reasons stated in paragraph 10 of the affidavit filed in support of this petition, this Court is of the view that exempting 50% of the Court fee, i.e., Rs.4,500/- to the petitioner would meet the ends of justice. Accordingly, this petition is disposed of, by exempting 50% of the Court fee payable by the petitioner. The petitioner / claimant is directed to pay the balance 50% of the court fee, i.e., Rs.4,500/- in the above Appeal, within four weeks from the date of receipt of a copy of this order. However, it is made clear that in the event of the petitioner / appellant / claimant, succeeding in the Appeal, he shall pay the necessary court fee for the entire compensation amount. 05.09.2019 gbi C.M.P.No.18356 of 2019 in C.M.A.(SR) No.64869 of 2019 http://www.judis.nic.in