GOPI Vs. BIJU

JUDGEMENT

(1.) 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:

(2.) Thus, going by the aforesaid provisions, the Claims Tribunal may in its discretion, exempt an applicant from the payment of the fee prescribed under Rule 397(1), based on an application for that behalf. When something is to be done within the discretion of an authority that something has to be done according to the rules of reason and justice and certainly, not according to the private opinion of that authority. The maxim 'Discretio est discernere per legum quid sit justum' means discretion consists in knowing what is just in law has to act as a guiding factor while exercising such a power. I may now, refer to a decision of this Court in Raman Nair v. Mukundan Nair,2005 KHC 1176. After considering the discretionary power under Section 397 of the Ruled this Court held as hereunder:-