Mallika v. Paramasivam
Case brief
What is this about?
Appeal date affidavit application for court fee exemption due to inability to pay funds. Judge is satisfied with reasons. Exemption of Rs.11,257/ is granted pending payment from proceeds of enhanced compensation.
What did the court decide?
Exemption of Rs.11,257/- court fee granted on condition of subsequent payment from compensation proceeds.
What the court decided
C.M.P.No.2676 of 2022 in C.M.A.(SR). 15220 of 2022
P.T. ASHA, J,
In the appeal, the appellants have sought for enhancement of compensation of Rs.11,98,300/-. The Court fee payable is Rs.11,357/-, contending that they are not in a position to pay the entire Court fee payable under the Motor Vehicles Act due to the inability to mobilize funds, the appellants have sought for exemption from payment of Court fee of Rs.11,257 /- out of the Court fee of Rs.11,357/-.
2.As per Rule 24 of the Tamil Nadu Motor Vehicles Accidents Claims Rules, 1989, the Tribunal, may at its discretion, exempt any party from the payment of fees prescribed under Sub-rule (1) provided, that where a claim of a party has been accepted by the Claim Tribunal, the party shall have to pay the prescribed fees, exemption in respect of which has been granted initially, before a copy of the Judgment is obtained.
1/2
P.T. ASHA, J,
mps The appellants have sought for a total waiver or exemption from
payment of the Court fee of Rs.11,257/- out of Rs.11,357/- to be
Parties & counsel
- appellant
Appellants
Coram
P.T. Asha
Case details
As recorded by the court registry
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