Dhanalakshmi v. Prabhavathy

CMP(MD) No.4826 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirtieth day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.4826 of 2020 in CMA(MD)SR.No.34278 of 2020 1 DHANALAKSHMI 2 MANOHARAN ... PETITIONERS/APPELLANTS Vs 1 PRABHAVATHY 2 THE MANAGER, FUTURE GENERAL INDIA INSURANCE COMPANY LIMITED, 1st, 2nd , 3rd FLOOR, 55(27), VIJAY RAGHAVA ROAD, T.NAGAR, CHENNAI-600 017. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of exemption from paying the Court fee Rs.7600/- C.M.A.SR.(MD).No.34278 of 2020 filed against the judgment and decree passed in M.A.C.O.P.NO.728 of 2013 on the file of the Motor Accident Claim Tribunal (Additional District Judge), Dindigul dated 09-02-2019.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.SARAVANAN, Advocate for the petitioners, the Court made the following order:- This petition is filed to grant exemption to the petitioners from paying the Court fee of Rs.7,600/- in the appeal as against the Award in MACOP.No. 728 of 2013, on the file of Motor Accidents Claims Tribunal (Additional District Judge), Dindigul, dated 09.02.2019.

2. In the affidavit filed in support of this petition, the petitioners have stated that the 2nd respondent has not deposited any amount pursuant to the award, eventhough a sum of Rs.11,40,000/- was awarded as total compensation for the petitioners. Further, it https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4826 of 2020 is stated that the petitioners have not received any money, as the 2nd respondent has not deposited the amount as per the Award and therefore, the petitioners are not able to mobilise the fund for filing an appeal.

3. In the circumstances, this petition is ordered on condition that the petitioners shall pay the Court fee, as and when any portion of the amount is withdrawn by the petitioners, out of the amount that would be deposited by the 2nd respondent as per the direction of the Motor Accidents Claims Tribunal in in MACOP.No. 728 of 2013, on the file of Motor Accidents Claims Tribunal (Additional District Judge), Dindigul.

sd/- 30/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, DINDIGUL.

ORDER

IN CMP(MD) No.4826 of 2020 in CMA(MD)SR.No.34278 of 2020 Date :30/09/2020 trp AE/SMA/SAR-III (06.10.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2