Henceforth, the claimants before Motor Accident Claims Tribunals cannot obtain exemption from payment of court fees easily by citing one or other indigent circumstance since the Madras High Court on Thursday laid down a set of guidelines to be followed by the tribunals while granting such exemption.
Justice P.T. Asha said, the absence of guidelines had led to exercise of discretion by judicial officers at their will. Therefore, since the matter was related to the public exchequer, she said, it was time for the government to step in and amend the Tamil Nadu Motor Vehicles Accident Claims Tribunal Rules.
Till the government makes necessary amendments, the judge laid down the guidelines to be followed by the tribunals. In cases where the claimant, engaged in an occupation / avocation, claims to be not possessing the wherewithal to pay court fees, an affidavit must be obtained stating that he/she does not have any movable or immovable property.
Such affidavit should have been sworn before a notary and it should contain an undertaking that the claimant would pay the court fees irrespective of succeeding in the claim or not. While granting the exemption from payment of court fee, the tribunals should briefly record the reasons for granting the exemption, the judge ordered.
In the award, it should be clearly observed that the award amount should be deposited within a specified time and once the award amount gets deposited, the court fee component should be withdrawn first and put in to a separate court account. A copy of every order passed by the tribunals, granting exemption, should be marked to the Collector.
“No tribunal shall permit the withdrawal of the amount deposited in compliance of the award without the claimants producing the proof of having paid the court fees,” the judge ordered and directed the High Court Registry to mark a copy of her order to the Chief Secretary for appropriate action on the subject.
The judge also held that the claimants could not be given exemption from payment of court fees, while filing appeals before the High Court against the orders passed by the tribunals, without there being proof of indigent circumstances and that no claimant could be allowed to withdraw the award amount without paying the court fees.
