Anisha v. Ajay(Died),1.Hdfc Ergo General Insurance Company Limited,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and 1.Anisha 2.Minor Akshara 3.Navaneethakrishnan 4.Lalithakrishnan ... Petitioners -vsAjay (died) 1.HDFC ERGO General Insurance Company Limited, through its Branch Manager, Old No.559, New No.528, 2nd Floor, Anna Salai, Thenampettai, Chennai - 600 018.

2.Babitha S.Thulasi 3.Minor Neethu 4.Minor Joshwa 5.Kanmani 6.Govindhankutty ... Respondents PRAYER (in C.M.P.(MD) No.5875 of 2023): Civil miscellaneous petition filed under Section 24(3) of the Motor Vehicle Act, to exempt the petitioner from paying the Court fee of Rs.49278 in C.M.A.(MD) SR No.26553 of 2023. PRAYER (in C.M.A.(MD) SR No.26553 of 2023): Civil Miscellaneous Appeal filed under Section 24(3) of the Motor Vehicle Act, 1988, to set aside the order, dated 02.12.2022, passed in M.C.O.P.No.983 of 2017, by the Motor Accident Claims Tribunal (Special Sub Court dealing with MCOP cases), Tirunelveli. For Petitioners :

Mr.V.Kannan

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] This civil miscellaneous petition is filed to exempt the petitioners from paying the Court fee of Rs.49,273/- in the above civil miscellaneous appeal.

2. In view of the order dated 05.05.2022, passed in C.M.P.No.4119 of 2022 in C.M.A.(SR) No.19930 of 2022 etc. batch, this civil miscellaneous petition is dismissed as not maintainable with liberty to the petitioner to move under Order XLIV of the Code of Civil Procedure, 1908. Consequently, C.M.A. (MD) SR No.26553 of 2023 is rejected.

[R.S.M., J.] [L.V.G., J.] 21.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PKN To:

1.The Motor Accident Claims Tribunal (Special Sub Court dealing with MCOP cases), Tirunelveli.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

PKN and 21.06.2023