BODEM MYURI SAILAJA Vs. ATAMAKUNI KOTAM RAJU

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India questioning the Order, dated 06.05.2014 in I.A.No.1098/2014 in M.V.O.P.S.R.No.11131/2013 passed by the Chairperson, Motor Accidents Claims Tribunal (Principal District Judge), West Godavari District at Eluru, which is filed under Section 475(2) of Andhra Pradesh Motor Vehicles Rules, 1989 and denied exemption from payment of Court fee on the claim in Motor Accidents claim.

(2.) The petitioner filed a claim petition under Section 166 of the Motor Vehicles Act and along with the petition the petitioner filed an application in I.A.No.1098/2014 seeking exemption from payment of Court fee for the present alleging that the petitioner filed a claim petition claiming more than Rs.3,25,80,000/- on account of death of the husband of petitioner in a road accident that took place on 07.11.2013 at about 4.30 pm., opposite Andhra Bank Bus Stop, Ramavarappadu, Ring Road, Vijaywada. The petitioner has to pay Court fee of Rs.3,25,160/- on the claim. But, after the death of her husband, she is troubling with financial problems and unable to secure the required Court fee amount and therefore she is unable to pay Court fee on the claim.

(3.) It is further submitted that after completion of P.G course from Rangaraya Medical College, the deceased got employment as Assistant Professor in Dr.Pinnamaneni Siddhartha Medical Sciences and Research Foundation, Chinnaoutpalli village, Gannavaram mandal, Krishna District. He joined in service on 24.07.2012, the Medical College paid an amount of Rs.50,000/- per month besides other allowances and he used to attend and run a private clinic at Ibhrahimpatnam, Krishna District and used to earn substantial amount, but on account of his death the petitioner could not pay the Court Fee.