VidhiSangh

Supreme Court of India · 27/05/2024

ALIFIYA HUSENBHAI KESHARIYA versus SIDDIQ ISMAIL SINDHI & ORS.

[2024] 5 S.C.R. 896 · 2024 INSC 457

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Summary

An unpaid motor-accident compensation award did not by itself extinguish the claimant’s indigency or justify refusal of permission to appeal without upfront court fees. The High Court also omitted the required inquiry into means. Given the elapsed time, the Supreme Court permitted the claimant to appeal as an indigent person directly and requested disposal of the compensation appeal preferably within six months.

Issues

  1. Whether a compensation award not actually received establishes ability to pay appellate court fees.
  2. Whether the High Court had complied with the inquiry requirements for indigent appeals.
  3. What relief was appropriate after the prolonged delay.

Provisions considered

Held

Result

Appeal allowed; indigent-application rejection set aside and claimant permitted to appeal as an indigent person. High Court requested to decide the compensation appeal expeditiously, preferably within six months of receipt.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 896.