Introduction:

In the case of ALIFIYA HUSENBHAI KESHARIYA v. SIDDIQ ISMAIL SINDHI & ORS., the Supreme Court addressed the issue of whether a person awarded compensation but not yet received it could file an appeal seeking enhanced compensation as an indigent. The appellant, having suffered injuries in an accident, sought higher compensation than the amount awarded by the Motor Accident Claims Tribunal. However, the High Court refused her application to file the appeal as an indigent person, citing the compensation awarded. The Supreme Court’s ruling on this matter emphasizes the fundamental principle of access to justice, particularly for financially disadvantaged individuals.

Arguments of both sides:

The appellant argued that despite being awarded compensation, she had not received any amount, thereby maintaining her indigency. She contended that denial of her application to file the appeal as an indigent person by the High Court was erroneous. Conversely, the respondent, while acknowledging the non-receipt of compensation, questioned the appellant’s right to file as an indigent considering the award granted.

Court’s Judgment:

The Supreme Court, referencing relevant legal provisions and precedents, emphasized the significance of ensuring access to justice for indigent litigants. It noted that the appellant’s indigency persisted due to the non-receipt of compensation and criticized the High Court’s dismissal of her application. Furthermore, the Court highlighted procedural lapses, including the failure to conduct an inquiry as mandated by law. Consequently, the Supreme Court allowed the appellant to file the appeal as an indigent person, stressing the importance of timely resolution by requesting the High Court to decide the appeal within six months.