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Madras High CourtCMP(MD)/9836/2018dismissed

Kanagavalli, v. K.Sumathi,

2019-03-08Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM and The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.9836 of 2018 IN CMA(MD) No.SR40694 of 2018 KANAGAVALLI ... PETITIONER Vs 1 K.SUMATHI 2 M/S.ORIENTAL INSURANCE COMPANY LTD., THENI, OFFICE AT SRI VIJAY COMPLEX, IIND LOOR, THENI-625 531, THROUGH ITS BRANCH MANAGER.

3 SRINIVASAKA PERUMAL NAICKER 4 KANNAMMAL 5 UNITED INDIA INSURANCE COMPANY LTD., THROUGH ITS BRANCH MANAGER, SIVAKASI, P.B.NO.110, JAVAN BHAVAN, OPP TO HEAD POST OFFICE, SIVAKASI.

... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to file the above Civil Miscellaneous Appeal with an exemption of court fee of Rs.30,372.50. PRAYER IN CMA(MD) No.SR40694 of 2018 To call for the records of the award passed in M.C.O.P. No. 996 of 2012 on the file of the Motor Accident Claims Tribunal, IV Additional District Judge, Tirunelveli dated 09.03.2018 and modify the award by enhancing the award to the restricted claim of Rs.50 Lacs by awarding another Rs.32 lacs by allowing this Civil Miscellaneous Appeal.

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.ANANTH C.RAJESH, Advocate for the petitioner and https://hcservices.ecourts.gov.in/hcservices/

of Mr.K.BHASKARAN,Advocate for R2, the court made the following order:- The petitioner is a claimant in MCOP NO.996 of 2012 and he sought for two crores towards compensation. The Tribunal has awarded Rs.18,61,936/- and this appeal has been preferred seeking enhancement of compensation.

Heard both side.

We find no reason to grant an order of exemption of court fee. Accordingly, this petition is dismissed.

Post the appeal on 14.03.2019 sd/- 08/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE IV ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUNELVELI.

PS/PN/SAR-4/13.03.2019/2P/2C

ORDER

IN CMP(MD) No.9836 of 2018 IN CMA(MD) No.SR40694 of 2018 Date :08/03/2019 https://hcservices.ecourts.gov.in/hcservices/