P.N.RAVINDRAN
Suma – Appellant
Versus
P. A. Rajesh – Respondent
Jijoy Sebastian, husband of the first petitioner, father of petitioners 2 and 3 and son of petitioners 4 and 5 died in a motor accident on 14.5.2011. The petitioners thereupon filed a claim petition in the Motor Accidents Claims Tribunal, Pala, claiming the sum of Rs.40,00,000/- as compensation from the owner, the driver and the insurer of an autorickshaw, the negligent driving of which according to the petitioners resulted in the accident. On that claim petition the sum of Rs.39,373/- was payable as court fee, computed in terms of rule 397 of the Kerala Motor Vehicles Rules, 1989. In the claim petition itself the petitioners had stated that they are not in a position to pay the court fee at present and that they are agreeable to have the court fee recovered from the compensation awarded by the Tribunal. They also filed I.A.No.1174 of 2011 to exempt them from payment of court fee, wherein also they had stated that they do not have the means to pay the court fee. By Ext.P3 order passed on 8.6.2011 the Motor Accidents Claims Tribunal rejected the application for exemption from payment of court fee. The order reads as follows:-
"This petition is for exemption from payment o
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