| Case Title | Alifiya Husenbhai Keshariya v. Siddiq Ismail Sindhi & Ors. |
|---|---|
| Introduction | Alifiya Husenbhai Keshariya appealed under Section 173 of the Motor Vehicle Act, 1988, to file as an indigent person. |
| Factual Background | She was dissatisfied with the compensation of less than Rs. 2.5 lakhs awarded for her claim of Rs. 10 lakhs. |
| High Court Decision | The High Court rejected her application to file the appeal as an indigent person because she had already received some compensation. |
| Legal Issues | Whether she had the right to appeal as an indigent person despite receiving some compensation. |
| Applicable Law | Order XLIV of the Civil Procedure Code, which allows appeals by indigent persons. |
| Analysis | The Court emphasized the importance of access to justice for everyone, including those who cannot afford to pay fees. It highlighted the need to broaden the understanding of access to justice as a fundamental human right. |
| Conclusion | The Supreme Court set aside the High Court’s decision, allowing Alifiya to appeal as an indigent person, and stressed the importance of ensuring effective access to justice for all. |
| Current Scenario | The High Court was directed to decide on her appeal quickly, ideally within six months. |
CASE SUMMARY – In this case the claimant-appellant sought to appeal under Section 173 of the Motor Vehicle Act, 1988, as an indigent person. Dissatisfied with the Tribunal’s compensation of less than Rs. 2.5 lakhs against a claim of Rs. 10 lakhs, the High Court initially rejected her indigent status application, citing received compensation. The Supreme Court emphasized access to justice for all, overturning the High Court’s decision, and allowing the appeal as an indigent person. The High Court was directed to expedite the appeal decision within six months, underscoring the right to effective justice.
SOURCE – SUPREME COURT OF INDIA
