Malar v. The New India Assurance Company Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of September Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE ABDUL QUDDHOSE CMP.No.14804 of 2021 in CMA.SR.No.78983 of 2021 1 MALAR [ PETITIONERS ] 2 RAMALINGAM Vs THE NEW INDIA ASSURANCE COMPANY [ RESPONDENT ] LIMITED, MOTOR THIRD PARTY CLAIMS, NO.232, BOMBAY MUTUAL BUILDING, 6TH FLOOR, N.S.C.BOSE ROAD, CHENNAI- 600 001.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to order exemption of court fee for a sum of Rs.4,000/- in the above CMA and to pass as such other or proper order in the circumstances of the case and thus render justice.

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 M/S.A.SUBDRA, for M/S.M.MALAR, Advocate for the petitioner the court made the following order:- C.M.P.No.14804 of 2021 is filed to permit the petitioners exempting them to pay the balance Court fee of Rs.4,000/- in the C.M.A.SR.No.78983 of 2021. The appeal has been filed aggrieved by the dismissal of the claim petition. The appellant/claimant is the owner cum driver of the vehicle and she pleads that she is unable to pay the court fee.

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

3. The learned counsel appearing for the petitioners filed the above C.M.A.SR.No.78983 of 2021 for enhancement of compensation and filed the present Civil Miscellaneous Petition for exemption of Court fee of Rs.4,000/- in the above mentioned C.M.A.SR.No.78983 of 2021, for the present and have undertaken to pay the Court fee at later stage.

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4. Considering the reasons stated in the affidavit, this Civil Miscellaneous Petition is ordered, exempting the petitioners to pay the Court fee, at present, with a direction to pay the same at later stage. Registry is directed to number the appeal, if the papers are otherwise in order.

-sd/- 15/09/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO THE SPECIAL SUBORDINATE JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, SMALL CAUSES COURT, CHENNAI Order in CMP.No.14804 of 2021 in CMA.SR.No.78983 of 2021 Date :15/09/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DV(30/09/2021) https://hcservices.ecourts.gov.in/hcservices/