Madras High CourtCMP/16955/2021dismissed

Thayar v. Anupriya

2021-10-26Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE K.KALYANASUNDARAM and THE HON`BLE MR.JUSTICE V.SIVAGNANAM CMP.No.16955 of 2021 in CMA.SR.No.69142 of 2021 1 THAYAR [ PETITIONERS ] 2 ARUMUGAM Vs 1 ANUPRIYA [ RESPONDENTS ] 2 THANUJPRANATH (MINOR) S/O.LATE PRASATH, REP.BY HIS MOTHER/ NEXT FRIEND 1ST RESPONDENT, RESIDING AT NO.1, JOHNKUMARNAGAR, SEENUVASA NAGAR, EXTENSION, MOOLAKULAM, PONDICHERRY.

3 KASTHURIRAGAN 4 THE DIVISIONAL MANAGER NEW INDIA ASSURANCE CO.LTD, NO.179, III FLOOR, J.N.STREET, PONDICHERRY- 605 001.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased toexempt the petitioners/Appellants in payment of court fee Rs.33238/- in preferring the above said C.M.A against the award dated 07.03.2019 made in MACTOP No.109 of 2018 on the file of file Motor Accidents Claim Tribunal (II Additional District Judge) at Puducherry.(in CMP.No.16955 of 2021) Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.P.R.THIRUNEELAKANDAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

This petition is filed seeking exemption from payment of Court Fee.

2.The petitioners/appellants were respondents 3 and 4 in the claim petition. The respondents 1 and 2 filed the claim petition seeking compensation of Rs.2,00,00,000/-. However, the Tribunal has awarded Rs.28,21,000/-, in which, the appellants were granted Rs.4,00,000/-.

3.Since the Tribunal has passed award in favour of the petitioners, we are not inclined to grant exemption from payment of Court Fee. Hence, this petition is dismissed. -sd/- 26/10/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE II ADDITIONAL DISTRICT JUDGE, THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PUDUCHERRY.

Order in CMP No.16955 of 2021 in CMA.SR.No.69142 of 2021 Date :26/10/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(17/11/2021) https://hcservices.ecourts.gov.in/hcservices/