Priya v. Premkumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-08-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMP No. 19090 of 2025 & CMP NO. 19093 OF 2025 AND CMA SR NO. 49044 OF 2025 & CMA SR NO. 49033 OF 2025
1. PRIYA
2. Minor. Charumathi
3. Minor. Lakshiya (Minors 2 and 3 Petitioner rep.by her mother and next friend 1st Petitioner Priya) Appellant(s) Vs
1. PREMKUMAR 2.The Branch Manager Chola M.S.Insuracne Co. Ltd. No.215, Nehruji Road, Raja Nagar, Arumugam Nagar, Villupuram Town and District.
Respondent(s) 1/5
CMP No. 19093 of 2025
1. JEEVA 2.Minor. Charumathi 3.Minor. Lakshiya (Minors 2 and 3 Petitioner rep.by her mother and next friend 1st Petitioner Priya) Appellant(s) Vs
1. PREMKUMAR 2.The Branch Manager Chola M.S.Insuracne Co. Ltd. No.215, Nehruji Road, Raja Nagar, Arumugam Nagar, Villupuram Town and District.
Respondent(s) CMP No. 19090 of 2025 PRAYER To permit the petitioner to file the Miscellaneous appeal as pauper person CMP No. 19093 of 2025 PRAYER To permit the petitioner to file the Miscellaneous appeal as pauper person For Appellants:
Mr.T.K.Saravanan 2/5
ORDER
This Civil Miscellaneous Petition has been filed seeking to permit the petitioner to sue as an indigent person under the provisions of Order XXXII of Code of Civil Procedure, 1908.
2. Mr.T.K.Saravanan, learned counsel for appellants would submit that as per the Tamil Nadu Motor Vehicle Rules, the appellants have to pay court fee of Rs.23,845/-, however, after the death of first petitioner's husband, she is struggling to meet out day to day needs and not in a position to educate minor petitioners in a reputed school for want of sufficient source of income. Hence, she was not in a position to pay sufficient court fee in an appeal filed against award dated 29.11.2024 and with great difficulty, she had paid the court fee of Rs.345/- in the appeal. He would further submit that she had no source of income to pay the balance court fee of Rs.23,500/-. Therefore, having no other option except to file appeal as indigent appeal, the petitioners have filed these petitions to permit them to file the above appeal as pauper person.
3. Considering his submissions and taking note of the fact that since she is struggling to meet out day to day needs and not in a position to educate minor 3/5
petitioners and she has no means, this Court is inclined to allow these petitions and the petitioners are permitted to file the Civil Miscellaneous Appeal as pauper persons.
28-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To
1. Motor Accident Claims Tribunal, Special District Judge, Villupuram.
2. Section Officer, VR Section, Madras High Court. 4/5
T.V.THAMILSELVI J.
rpp CMP No. 19090 of 2025 AND CMA SR NO. 49044 OF 2025,CMP NO. 19093 OF 2025,CMA SR NO. 49033 OF 28-08-2025 5/5