LAWS(MAD)-2003-3-77

T KANCHANA DEVI Vs. R D MANI

Decided On March 28, 2003
T.KANCHANA DEVI Appellant
V/S
R.D.MANI Respondents

JUDGEMENT

(1.) Claimant in unnumbered M.C.O.P. of 2000 on the file of the Motor Accident Claims Tribunal, Cuddalore, aggrieved by the order in I.A.No.1323 of 2000 dated 2-8-2000, dismissing her petition filed under Section 166 (1) of Motor Vehicles Act, 1988 read with Rule 24 (3) of Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989 to exempt from paying court-fee of Rs.99,371-50, has filed the above Revision under Article 227 of the Constitution of India.

(2.) It is seen that in respect of death of one Thirunavukkarasan in a motor vehicle accident that took place on 10-4-2000, his wife, minor children, and parents have prayed for a compensation of Rs.1,00,00,000/- had filed a petition before the Motor Accident Claims Tribunal at Cuddalore. Along with the said petition, the claimants filed a petition under Section 166 (1) of the Motor Vehicles Act, 1988 read with Rule 24 (3) of the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules, 1989 and under Section 151 of the Code of Civil Procedure praying for an order for exemption from paying court-fee of Rs.99,371-50. Since the Tribunal dismissed the said petition, the first claimant, widow of the deceased preferred the above Revision.

(3.) Heard the learned counsel for the petitioner as well as respondents.