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Madras High CourtCMP(MD)/1610/2024dismissed

Cornelius Devaprakasam v. M.Arockia Rakesh

2024-02-15Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN and The Hon`ble Mr.Justice C. KUMARAPPAN in CMA(MD)SR.No. 95101 of 2023 CORNELIUS DEVAPRAKASAM ... PETITIONER/PETITIONER Vs 1 M.AROCKIA RAKESH 2 A.MICHAEL 3 THE BRANCH MANAGER ICICI LOMBARD LTD, GENERAL INSURANCE COMPANY, NAGERCOIL, NAGERCOIL VILLAGE, AGASTHEESWARAM TALUK, KANYAKUMARI DISTRICT. ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of Exemption from payment of court fee of Rs.25,248/- since the petitioner has paid Rs.120/- out of the total court fee of Rs.25,368/- which is required for presenting the Civil Miscellaneous Appeal in CMA(MD) Sr.No. 95101 of 2023 before this Honourable Court.

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PRAYER IN CMA(MD)SR.No. 95101 of 2023:

To call for the records of the award dated 15.06.2023 passed in M.C.O.P.No. 2 of 2022 before the Motor Accident claims tribunal/ The Special Judge for Forest offence Cases, Nagercoil and set aside the same and enhance the compensation by allowing this Civil Miscellaneous Appeal.

ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R. MURUGAN, Advocate for the petitioner, the court made the following order:- The Civil Miscellaneous Appeal is for enhancement of compensation. Sine the appellant has already been benefitted by an awad of more than Rs.4 lakhs, this Court is not inclined to exempt the appellant from paying the Court fees of Rs.25,248/- for seeking enhancement.

2.Accordingly, this Petition stands dismissed. sd/- 15/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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VSN TO THE SPECIAL JUDGE FOR FOREST OFFENCE CASES, MOTOR ACCIDENT CLAIMS TRIBUNAL, NAGERCOIL

ORDER

IN in CMA(MD)SR.No. 95101 of 2023 Date :15/02/2024 PKP/GS/SAR /21.02.2024/ 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3