B.Maheswari v. The Managing Director

CMP No.18076 of 2019 CMP No.18076 of 2019 in CMA (SR) No.105134 of 2019 R.MAHADEVAN, J.

This petition is filed by the petitioners / appellants / claimants seeking to pay a sum of Rs.375/- as court fee instead of Rs.9,375/- and exempt to pay a sum of Rs.9,000/-, in the above Appeal.

2. Heard the learned counsel for the petitioners.

3. The learned counsel for the petitioners submitted that the deceased was the only breadwinner of the family and after his death, there was no source of income to the petitioners, to pay the entire court fee and hence seeks exemption in paying the court fee of Rs.9,000/-.

4. A careful reading of the averments of the first petitioner / widow of the deceased in her affidavit filed in support of the above application as well as the averments in the application filed under Section 166 of the M.V.Act and Rule 3 of the MACT Rules, show that the Transport Corporation has not deposited the award amount as http://www.judis.nic.in

CMP No.18076 of 2019 R.MAHADEVAN, J., srk directed by the Tribunal and the petitioners have not received the award amount till date and they are not in a position to pay the required court fee.

5. Thus, this Court is inclined to accept that the petitioners are not able to pay court-fee as claimed. Hence, this petition seeking exemption of paying court fee, is ordered. 06.09.2019 srk CMP No.18076 of 2019 in CMA (SR) No.105134 of 2019 http://www.judis.nic.in