IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.4812 OF 2010 Between:- Vemuri Lakshmi and four others …Petitioners A n d M/s Sri Kaleswari Travels, Rep. by its Managing Partner & Owner of Bus bearing No.AP 31 TT 0414, Having its office at 58-81-55, Seethampeta, Near Ganapathi Temple, Visakhapatnam and three others …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.4812 OF 2010 ORDER: This civil revision petition is filed assailing the order dated 24-09-2010 in I.A.No.3648 of 2010 in O.P.SR.No.32530 of 2010, on the file of the Chief Judge, City Civil Court, Hyderabad, wherein the said application filed by the petitioners herein under Rule 475(2) of the A.P.M.V.Rules, seeking exemption from payment of Court fees, was dismissed. 2. Heard the learned counsel for the petitioners. None appeared for the respondents, though served with notices. Perused the records. 3. The petitioners herein filed O.P.SR.No.32530 of 2010 claiming compensation of Rs.1,35,00,000/- on account of death of deceased, who is the husband of first petitioner and father of petitioners 2 and 3 and son of petitioners 4 and 5. 4. According to the petitioners, the first petitioner is the housewife, having no income and petitioners 2 and 3 are students attending the college and petitioners 4 and 5 are the old aged parents of the deceased and, therefore, they have no sufficient income or assets to pay the Court fee of Rs.1,34,360/-. The petitioners, therefore, sought exemption from payment of Court fee under Rule 475(2) of the A.P.M.V.Rules, subject to realization of the same in the event of their claim being accepted by the Tribunal at the time of passing the final judgment. The Tribunal, by the impugned order, dismissed the said application with a cryptic observation that “in view of the compensation claimed and the Court fee payable, they are not entitled for exemption”. 5. As rightly contended by the learned counsel for the petitioners, grant or refusal of the exemption cannot be ordered merely on the basis of the amount of compensation claimed and the same has to be considered on merits, pertaining to the incapacity of the petitioners to pay the amount towards Court fee. As the impugned order does not disclose that the claim of the petitioners for exemption from payment of Court fee is considered on merits on the basis of relevant assets and liabilities of the petitioners before rejecting their plea for exemption, it is considered that the matter requires re- consideration by the Tribunal on merits. It is open to the petitioners to place necessary material before the tribunal in support of their plea of lack of sufficient means to pay the Court fee of Rs.1,34,360/-. 6. In the circumstances, the impugned order is set aside and the matter is remitted to the tribunal to consider the plea of the petitioners for exemption from payment of Court fee, afresh on its merits and pass orders in accordance with law. 7. In the result, the civil revision petition is disposed of with the above direction. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 24th December, 2010. Lrkm.