JUDGMENT

The petitioner who sustained injuries in a motor accident on

23.5.2010 filed a claim petition before the Motor Accidents Claims Tribunal, Attingal. In the accident he had sustained the following injuries:

“(1) Fracture both bones left leg (2) Multiple abrasions.”

Contending that the petitioner is a self employed person and the aforesaid injuries disabled him from earning anything for the past several months he submitted an application seeking exemption from payment of court fee in terms of the provisions under Rule 397(2) of the Kerala Motor Vehicles Rules, 1989 (for short `the Rules'). The said application submitted by the petitioner was dismissed as per Ext.P2. It is challenging Ext.P2 order passed by the Motor Accidents Claims Tribunal, Attingal in I.A.No.4149 of

2010 that this writ petition has been filed.

2. Before looking into the sustainability or otherwise of Ext.P2 it is relevant to refer to Section 397 (2) of the Motor Vehicles Act . It reads thus:-

“397. Fees. (2) The Claims Tribunal may, in its discretion, exempt a party from the payment of the fee prescribed under sub-rule (1):

Provided that when the claimant succeeds and an award is made in his favour, the party ord