S.S.Diya v. T.Sivanandhi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fifth day of February Two Thousand and Twenty Five PRESENT The HONOURABLE DR. JUSTICE G.JAYACHANDRAN and The HONOURABLE MS. JUSTICE R. POORNIMA C.M.P.(MD) No.2658 of 2025 in C.M.A(MD)SR.No.62288 of 2024 S.S.DIYA ... PETITIONER Vs 1 T.SIVANANDHI 2 THE ORIENTAL INSURANCE COMPANY LIMITED,, BRANCH MANAGER, 2C, SECOND FLOOR, KALLUVEETIL DHEENU CENTRE, 82 COURT ROAD, KARUR VYSYA BANK OPPOSITE, NAGERCOIL, AGASTHEESWARAM TALUK, KANYAKUMARI DISTRICT.

... RESPONDENTS For Petitioner :

Mr.C.M.Mari Chelliah Prabhu, Advocate

ORDER

(Order of the Court was made by DR.G.JAYACHANDRAN.,J) This Petition is filed to exempt the Petitioner from paying the Court Fee for a sum of Rs.39,372.50/- for filing the above Civil Miscellaneous Appeal. 1/3

2.Heard the learned counsel appearing for the Petitioner and perused the materials placed before this Court.

3.The claim petition was filed by the Petitioner seeking compensation for the death of her father, who died due to his own fault while riding the vehicle, was dismissed by the Tribunal holding that the deceased is the tort-feasor and the vehicle owned by his wife is insured only at the owner's risk. Being aggrieved, the claimant has preferred the above appeal, wherein, she has sought for exemption of Court Fee. This Court finds no reason to exempt the Petitioner from paying the Court fee, since there is no material to show that the minor is incapable of paying the Court Fee at the appellate stage, when the trial Court itself has already found that the Petitioner is not entitled for any compensation. 4.For the reasons aforesaid, this petition stands dismissed. If proper Court fee is paid by the Petitioner, the Civil Miscellaneous Appeal can be entertained, if it is otherwise in order.

sd/- 25/02/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

vsn TO THE JUDGE, SPECIAL COURT FOR FOREST OFFENCES CASES, KANYAKUMARI DISTRICT AT NAGERCOIL.

+1. C.C. to C.M.MARI CHELLIAH PRABHU Advocate SR.No.12090 Dated : 25/02/2025

ORDER

IN C.M.P.(MD) No.2658 of 2025 in C.M.A(MD)SR.No.62288 of 2024 Date :25/02/2025 MK/VR/SAR /03.04.2025 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3