MANIKANDAN K Vs. PAZHANISWAMY

JUDGEMENT

(1.) The petitioner is the applicant in an unnumbered application for compensation before the Motor Accidents Claims Tribunal, Palakkad. The application for compensation has been filed by the petitioner along with an application under Rule 397 (2) of the Kerala Motor Vehicles Rules claiming exemption from payment of court fee. The court fee payable on the application for compensation is Rs.8,398/-. According to the petitioner, he is a coolie and he is unable to raise the said amount for payment of court fee. The application for exemption from payment of court fee preferred by the petitioner has been rejected by the Tribunal as per Ext.P5 order. Though the petitioner sought review of Ext.P5 order, the petition filed for the said purpose was dismissed by the Tribunal as per Ext.P6 order. Exts.P5 and P6 orders are under challenge in this original petition.

(2.) Heard the learned counsel for the petitioner.

(3.) Rule 397 of the Kerala Motor Vehicles Rules deals with the court fee payable on the applications preferred before the Motor Accidents Claims Tribunal for compensation. Sub-rule (2) of Rule 397 of the Rules provides that the Claims Tribunal may in its discretion exempt a party from the payment of the fee prescribed under sub-rule (1) of Rule 397. Sub-rule (2) of Rule 397 reads thus: