Motor Vehicle Act, 1988 – Section 173 – Enhancement of compensation – Indigent person – Appellant, an indigent person, was injured in a motor vehicle accident and filed a claim before the Motor Accident Claims Tribunal (MACT) for Rs. 10 lakhs – The MACT awarded her Rs. 2,41,745 with 9% interest from the date of the claim petition till realization – The appellant then filed an appeal before the High Court of Gujarat seeking enhanced compensation – The High Court dismissed the appeal and denied the appellant permission to file the appeal as an indigent person, stating that she had received compensation by the MACT and was therefore not indigent – The appellant argued that she was still indigent despite receiving compensation from the MACT, as she had not yet received the awarded amount – The Supreme Court allowed the appeal and set aside the High Court’s judgment – The court held that the appellant was still indigent despite receiving compensation from the MACT, as she had not yet received the awarded amount – The court granted the appellant liberty to appeal as an indigent person and requested the High Court to decide the appeal expeditiously, preferably within six months from the date of receipt of the copy of the judgment – The court relied on previous judgments to define the concept of an ‘indigent person’ and applied the principle that lack of monetary capability should not preclude a person from seeking justice – The Supreme Court allowed the appeal, set aside the High Court’s judgment, and granted the appellant liberty to appeal as an indigent person.

Bysclaw

Jul 4, 2024

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