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Supreme Court of India 2024-05-27 allowed

ALIFIYA HUSENBHAI KESHARIYA vs SIDDIQ ISMAIL SINDHI & ORS

Bench: 2 — J.K. Maheshwari, Sanjay Karol

In Brief

A woman injured in a motor accident filed a claim for Rs. 10 lakhs with the Tribunal but received only Rs. 2,41,745. She then sought to appeal to the High Court as an indigent person to claim higher compensation. The High Court rejected her application, assuming she was no longer poor because she had been awarded compensation. The Supreme Court held that an award without actual receipt does not extinguish indigency. The Court set aside the High Court's order and allowed her to appeal as an indigent person, emphasizing that access to justice cannot be priced out for the poor and that proper statutory inquiry was required before rejection.

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Civil Procedure Motor Vehicle Act Indigent Person Court Fees Access to Justice Appellate Law

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