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2011 Supreme(Online)(KER) 45033

HIGH COURT OF KERALA
P.N.RAVINDRAN, J
MARYK SHAJI – Appellant
Versus
SANTHOSH AND OTHERS – Respondent


Advocates:
SRI.VINCENT JOSEPH

J U D G M E N T

Ext.P3 order passed by the Motor Accidents Claims Tribunal, Mavelikara on I.A. No.447 (A) of 2008 dismissing the application filed by the petitioner to exempt her from paying the court fee on a claim petition filed by her seeking payment of the sum of Rs.3,00,000/- as compensation for the injuries sustained by her in a motor accident and the consequential order rejecting the claim petition is under challenge in this writ petition. The brief facts of the case are as follows:-

2. The petitioner filed Ext.P1 claim petition dated 4.3.2008 in the Additional Motor Accidents Claims Tribunal, Mavelikara claiming that she was injured in a motor accident. Along with that application, she filed Ext.P2 application which was numbered as I.A. 447 (A) of 2008 for an order exempting her from paying the prescribed court fee of Rs.2,372.50 calculated in terms of rule 397 (1) of the Kerala Motor Vehicles Rules, 1989. In the affidavit filed in support of the application for exemption from payment of court fee, the petitioner had stated that in the WPC No.26407/2008 2 accident both her legs were fractured and consequently the computer centre which she was running was closed and therefore

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