Madras High CourtCMP(MD)/7405/2016closed with direction

Radhakrishnan, (M/56) v. A.Nithiya,

2016-08-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) No.7405 of 2016 IN CMA(MD) No.SR26706 of 2016 RADHAKRISHNAN ... PETITIONER/PETITIONER Vs 1 A.NITHIYA, 2 THE NEW INDIA ASSURANCE COMPANY, REP THROUGH ITS DIVISIONAL MANAGER, HAVING OFFICE AT 248/B, REKHA TOWERS, KAMARAJAR SALAI, MADURAI. ... RESPONDENTS/RESPONDENTS Prayer IN CMP(MD) No.7405 of 2016 IN CMA(MD) No.SR26706 of 2016: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant exemption from the payment of Rs.4,982/- in CMA(MD) SR.No.26706 of 2016 and thus render justice.

Prayer in CMA(MD) No.SR26706 of 2016:

Civil Miscellaneous Appeal against the judgment and decreetal order passed by Motor Accident Claim Tribunal, Chief Judicial Magistrate Court, Madurai in M.C.O.P.No.1146 of 2012 dated 08.03.2016.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. A.LIAKETALI, Advocate for the petitioner, the court made the following order:- This application is filed seeking exemption from paying https://hcservices.ecourts.gov.in/hcservices/ court fee of Rs.4,983/-.

2. Heard the learned counsel appearing for the petitioner.

3. It is seen from the records that the petitioner filed a petition claiming compensation of Rs.8,00,000/- and the Tribunal has passed an award for Rs.2,01,500/- with interest at 7.5% p.a. Since the Tribunal has passed an award in favour of the petitioner, this Court is not inclined to grant exemption from paying the above said court fee.

4. In view of the same, the petition is dismissed. sd/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIM TRIBUNAL, CHIEF JUDICIAL MAGISTRATE, MADURAI.

ORDER

IN CMP(MD) No.7405 of 2016 IN CMA(MD) No.SR26706 of 2016 Date :04/08/2016 PMU TE/NGM-MP/SAR-I : 10/08/2016 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/