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Madras High CourtCMP/18869/2017ordered

Palaniammal v. The Managing Director,

2020-09-15Honourable Mr Justice R. Mahadevan2 pages

CMP No.18869 of 2017 in Cros.Obj.SR.No.80163 of 2017 CMP No.18869 of 2017 in Cros.Obj.SR.No.80163 of 2017 R.MAHADEVAN, J.

This petition is filed by the petitioners / Cross appellants / claimants seeking exemption of payment of Court fee of Rs.7,000/- in the above Cross Objection.

2.Heard the learned counsel for the petitioners /Cross appellants/ claimants.

3. It is stated in the affidavit filed in support of this petition that the Tribunal has awarded a total compensation of Rs.11,98,000/- with interest at 7.5% per annum, as against the claim of Rs.20,00,000/- made by petitioners/Cross appellants/claimants, who are the wife and son of one Deeparasan, who died in an accident that had occurred on 16.12.2009; though the Tribunal has directed the first respondent/Transport Corporation to deposit the award amount with interest and costs within a period of one month, the first respondent has not complied with the said direction, till date; further, the petitioners/Cross appellants/claimants have no source of income; they find it difficult to pay the court fee; and hence, they sought exemption from paying the Court fee of Rs.7,000/-. It is also stated therein that the petitioners/Cross appellants/claimants undertake to pay the Court fee, in the event of succeeding in the Cross Objection. 1/2 http://www.judis.nic.in

CMP No.18869 of 2017 in Cros.Obj.SR.No.80163 of 2017 R.MAHADEVAN, J.

av 4.Considering the aforesaid reasons stated in the accompanying affidavit, this Court directs the petitioners to pay 50% of Court fee within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this petition is ordered. However, it is made clear that in the event of the petitioners / Cross appellants / claimants succeeding in the Cross objection, they shall pay the necessary court fee for the entire compensation amount.

15.09.2020 av Note: Registry is directed to number the Cross Objection, if it is otherwise in order, after paying the necessary court fee by the petitioners, as directed. CMP No.18869 of 2017 in Cros.Obj.SR.No.80163 of 2017 (3/3) 2/2 http://www.judis.nic.in