Allowed

Basid (Minor) v. Mr.K.C.Sanu

Kerala HC12 Sept 2014OP (MAC)/149/2014

Case brief

AI extract

What is this about?

Petitioner challenged orders rejecting his applications due to non-payment of court fee. Court held Tribunal must provide solace to victims and cannot mandate upfront fee. Enhanced fee to be recovered from award.

What did the court decide?

Exhibits P5 and P6 set aside. Tribunal directed to permit amendment of claim for enhancement without court fee. Fee to be recovered from compensation amount later.

Basid (Minor) Vs Mr.K.C.Sanu — Motor Accident Claims | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 12TH DAY OF SEPTEMBER 2014/21ST BHADRA, 1936

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OP (MAC).No. 149 of 2014 (O)

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OP(MV).NO. 815/2007 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR

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PETITIONER :

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BASID (MINOR), S/O. BAPPU, AGED 12 YEARS, RESIDING AT KARYADATH HOUSE, P.O. AKALAD, CHAVAKKAD, THRISSUR DISTRICT, (THE PETITIONER IS REPRESENTED HEREIN BY HIS GUARDIAN FATHER BAPPU).

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BY ADVS.SRI.T.C.SURESH MENON

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SRI.P.S.APPU SRI.A.R.NIMOD

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RESPONDENT(S):

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1. MR.K.C.SANU,S/O. CHANDRAN, RESIDING AT KALATHINKAL HOUSE, P.O. ELAMAKARA, THANICKAL, ERNAKULAM - 682 026.

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2. NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, PARCO TOWERS, P.M. TAJ ROAD, KOZHIKODE - 673 001.

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R2 BY SRI.M.A.GEORGE,SC

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 12-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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OP (MAC).No. 149 of 2014 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1TRUE COPY OF THE CLAIM PETITION O.P (MV).NO. 815/2007 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR DATED 04/05/2007

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EXHIBIT-P2TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER.

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EXHIBIT-P3TRUE COPY OF THE I.A.NO. 4370/2014 IN O.P(MV).NO.815/2007 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 16/06/2014.

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EXHIBIT-P4TRUE COPY OF THE I.A.NO. 5652/2014 IN O.P (MV).NO.815/2007 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 24/07/2014.

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EXHIBIT-P5TRUE COPY OF THE ORDER IN I.A.NO. 5652/2014 IN O.P(MV). NO.815/2007 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 21/08/2014.

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EXHIBIT-P6TRUE COPY OF THE I.A.NO. 4370/2014 IN O.P(MV).NO.815/2007 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,

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THRISSUR DATED 21/08/2014.

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

A. MUHAMED MUSTAQUE,J.

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O.P. (MAC) No. 149 of 2014

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Dated this the 12^th day of September, 2014

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JUDGMENT

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It is challenging Exhibits P5 and P6 orders passed by the Motor Accidents Claims Tribunal, Thrissur, this Writ Petition is filed. Exhibit P5 order is passed in an application filed for exemption of court fee and that application has been dismissed. Exhibit P6 order was passed on account of non payment of court fee and I.A. was closed.

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The Motor Accidents Claims Tribunal is constituted for

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the solace of the victims in motor accidents. Approach of the Tribunal must be compassionate and to act as an adjudicator to protect the interest of a victim who has been dragged to the Tribunal on account of non payment of compensation by the owner/insurer, either because of dispute regarding the amount of compensation or because of other legal contingencies that may be available to the owner/insurer to raise dispute. Whatever be

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the nature of adjudication that is contemplated before the Tribunal, the Tribunal cannot forget its duty to provide solace to the victim. It is not a mandatory that court fee should be

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O.P. (MAC) No. 149 of 2014

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preceded by the application. Court fee could be collected even from the compensation amount awarded. In such situation, Tribunal ought not have rejected application for amendment of enhancement of compensation. Accordingly, Exhibits P5 and P6 are set aside. There shall be a direction to the Tribunal to permit the petitioner to amend the claim for enhancement of compensation without any court fee being paid on claim for enhanced compensation. The court fee which due on the enhanced compensation can be either recovered from the compensation portion of the amount or by other mode that may be available under the provisions of law. The Registry is directed to instruct the Tribunal concerned, not to dispose the claim for compensation without allowing the petitioner to amend the claim of compensation.

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Writ Petition is disposed of.

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A. MUHAMED MUSTAQUE JUDGE

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DMR/-

Basid (Minor) v. Mr.K.C.Sanu

Case brief

What is this about?

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Basid (Minor) v. Mr.K.C.Sanu

Case brief

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