SUPREME COURT ANSWERS: CAN A PERSON, AWARDED MONETARY COMPENSATION BUT HAS NOT RECEIVED IT, FILE APPEAL AS INDIGENT?

The Supreme Court in the case Alifiya Husenbhai Keshariya vs Siddiq Ismail Sindhi And Ors observed and has answered the question of whether a person, who has been awarded monetary compensation but has not received it, would not be able to file an appeal seeking enhanced compensation as an indigent.

The court stated that an indigent person is someone who does not have the financial means to pay the Court fee and proceed with the suit filed.

The bench comprising of Justice J.K. Maheshwari and Justice Sanjay Karol in the case observed and has referred to Order XXXIII, the suits by indigent persons and Order XLIV, the appeals by indigent persons of the Civil Procedure Code, CPC 1908. Further, the court observed that these provisions 'exemplify the cherished principle that lack of monetary capability does not preclude a person from knocking on the doors of the Court to seek vindication of his rights.'

The bench also observed that even though the original claimant or appellant was awarded money, no money was paid to her. Thus, her indigency was not extinguished.

In the present case, the appellant got injured in an accident and subsequently, approached the Motor Accident Claims Tribunal for compensation.