Dhanalakshmi v. Abraham Jensan Raj

CMP(MD) NO. 5300 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-04-2026

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN CMP(MD) NO. 5300 of 2026 IN CMA(MD) SR NO. 21624 OF 2026 1.Dhanalakshmi 2.Minor K.Vishnu Priyan 3.Minor Lakshson Priyan (Appellants 2 and 3 are represented through their mother and guardian (1st Appellant herein) 4.Pandaram Petitioner(s) Vs 1.Abraham Jensan Raj 2.SBI General Insurance Company Ltd, Represented through its Branch Manager Office at Immanuel Tower, 53 B East Car Street Thoothukudi.

3.Sriram General Insurance Company Ltd Represented through its Branch Manager Office at 25B2/1s, 2nd Floor, SCR Complex No.25 SN High Road Tirunelveli.

Respondent(s) For Petitioner(s):

Mr.Sri Ram.R Prayer:

This petition filed under Section 24(3) of the Motor Vehicle Act to herein to exempt paying the entire Court fee of Rs. 43,643/- required for filing the present appeal and humbly prayed that this Court may be pleased to grant exemption to the appellants from payment of the remaining requisite Court fee of Rs. 38,429/- and permit the appellants to pay a sum of Rs.5000/- towards Court fee in the above Civil Miscellaneous Appeal and thus render justice.

ORDER

(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed seeking exemption from payment of the entire court fee of Rs.43,643/- required for filing the present appeal, and praying that this Court may be pleased to exempt the appellants from

payment of the balance court fee of Rs.38,429/- and permit them to pay a sum of Rs.5,000/- towards court fee in the above Civil Miscellaneous Appeal

2. It is seen from the award that a total compensation of Rs.11,46,000/- has been awarded to be paid along with the interest and out of this amount, 50% was deducted towards contributory negligence and as a result, total compensation awarded was only Rs.5,73,000/- payable with interest.

3. The learned counsel appearing for the petitioners on instructions submitted that the award amount has been deposited by the second respondent / Insurance Company.

4. In view of the above, the Tribunal shall permit the petitioners to withdraw the compensation amount along with the interest in the proportion fixed by the Tribunal. On such withdrawal, the Court fee shall be paid by the petitioners.

5. This Petition is disposed of in the above terms.

6. Registry is directed to post this case under the caption "For Reporting Compliance" on 18.06.2026.

(N.ANAND VENKATESH J.) (K.K.RAMAKRISHNAN J.) 21-04-2026 Note : Issue Order Copy by 21.04.2026 TSG To The Motor Accident Claims Tribunal, Sub Judge, Ambasamudram