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Madras High CourtCMP/13058/2021ordered

Raji v. M.P.Moses

2021-08-19Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of August Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE S.VAIDYANATHAN CMP.No.13058 of 2021 IN CMA.NO.SR.68866 of 2021 RAJI [ PETITIONER ] Vs 1 M.P.MOSES [ RESPONDENTS ] 2 UNITED INDIA INSURANCE CO LTD 134, SILINGI BUILDING, 66, GREAMS ROAD, CHENNAI-600006.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the Petitioner to exempt payment of the Court fee of Rs.13,997.50/- (Rupees Thirteen Thousand and nine hundred and ninety seven and paise fifty only) in the above appeal and to pass such further or other orders as may deem fit and proper in the circumstances of the case and thus render justice.(IN CMP.NO.13058/2021) Order : This petition coming on this day for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.J.RADHIKA, Advocate for the petitioner, the court made the following order:- C.M.P.No.13058 of 2021 is filed to exempt the petitioners from paying Court fee of Rs.13,997.50 in the C.M.A.No.SR.68866 of 2021.

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The learned counsel appearing for the petitioner sought to file a Civil Miscellaneous Appeal for enhancement of compensation, which is in SR stage in C.M.A.No.SR.68866 of 2021. Along with the same, this Civil Miscellaneous Petition has been filed for exemption of Court fee of Rs.13,997.50 for the present, for filing CMA. He has further undertaken to pay the Court fee at a later stage.

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4. It is seen that the petitioner is a coolie. Hence, considering the reasons stated in the affidavit filed in support of this petition, the Civil Miscellaneous Petition is ordered and the petitioner is exempted from payment of 50% of the Court Fee for the present. However, it is made clear that in the event of the petitioner / appellant / claimant, succeeding in the Appeal, the balance Court Fee for the enhanced compensation, if any, shall be paid, depending upon the outcome of CMA.

-sd/- 19/08/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE II JUDGE, SMALL COUSES COURT, MOTOR ACCIDENTS CLAIMS TRIBUNAL, CHENNAI.

2 THE ASSISTANT REGISTRAR, AE SECTION, HIGH COURT,MADRAS.

Order in CMP.No.13058 of 2021 IN CMA.NO.SR.68866 of 2021 Date :19/08/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(07/09/2021) https://hcservices.ecourts.gov.in/hcservices/