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2025 Supreme(Online)(Ker) 55678

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
JOSEPH T. J – Appellant
Versus
ALEX ABRAHAM – Respondent


Advocates:
For the Appellants/Petitioners: SRI.RAHUL SASI, SMT.NEETHU PREM, SMT.ARCHANA VINOD
For the Respondents: SRI.P.VISHNU PRASAD, SRI.GEORGE A.CHERIAN, SC

JUDGMENT

The petitioner is claiming compensation of Rs.15,26,656/- for the injury sustained in the accident that occurred on 25.08.2022. Along with the claim petition, an I.A. was filed seeking exemption from payment of the Court fee and an Additional Court Fee (LBF) exemption petition. The tribunal found that two separate petitions were not filed for the Court Fee and Legal Benefit Fund exemption, and rejected the said claim petition.

2. It is submitted that there exists no statutory requirement, Rule, Circular or direction mandating the filing of two separate petitions. Despite Ext. P3 RTI application dated 30.09.2022 filed by the counsel of the original petition on an earlier occasion as to whether separate petitions are required, the Tribunal failed to disclose any provision supporting such a requirement, which itself demonstrates that the insistence on two separate petitions is unsustainable and without legal foundation.

3. The petitioner further submits that the Legal Benefit Fund is only an additional court fee under Section 4A of the Kerala Court Fees and Suits Valuation Act, 1959 , read with Rule 397 of the Kerala Motor Vehicles Rules, 1989 , and that exemption from both ca

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