The Supreme Court on Monday, 27th May, 2024 had given its judgment on the case of ALIFIYA HUSENBHAI KESHARIYA versus SIDDIQ ISMAIL SINDHI & ORS.
The whole case revolves around the sole point that whether a person who is totally eligible to receive a compensation by just doing a claim before the Motor Accident Claims Tribunal and said to have given up its status as an ‘indigent person by virtue of the amount slated to be received. In a simple language can we say that whether a person who is the award holder for any monetary compensation without any actual receipt can be disowned from filing an appeal in which he/she can seek compensation.
The appellant was the person who had faced these kind of problems before tb3 Motor Accident Claims tribunals in the year 2011. This problem arised when the appellant faced an accident when he was riding his bike and got hit by a truck on the date of 4th July,2010.
The appellant had sustained various injuries due to this accident and she was admitted in the hospital for about 14 days and went for plastic surgery also. Before this accident the appellant was earning up to Rs.3000 per month but after accident due to her injuries and health she wasn’t fit to work anymore and therefore she filed an appeal for the compensation of Rs. 10,00,000 with 18% of interest.
After the appellant filed the appeal in the Tribunal. So, after it the trial started and the Tribunal on the date 17th October 2016, ordered to award a sum of Rs.2,41,745/- with 9% interest to the appellant.
The appellant was dissatisfied with the decision of the Tribunal and with this dissatisfaction she went up to the High court of the Gujarat and filed the Regular first appeal. The Trial went up to high court but the decision didn’t change and the High court upheld the decision of the Tribunal and rejected the civil application of the appellant.
The appellant went up to the Supreme Court for the justice and there the court said in it’s judgment that
“ While recognizing that in ordinary circumstances this Court should not impose timelines for disposal of cases, but considering the facts of this case, in particular, that the Award of the Tribunal is dated 17th october, 2016, and the rejection of Misc. Civil application seeking permission to file the appeal as an indigent person before the High Court, is dated 7th august, 2018, we request the High Court that the appeal filed by the claimant-appellant be decided expeditiously, and preferably within a period of six months from the date of receipt of the copy of this judgment. We direct the Registry to immediately transmit the same to the learned Registrar General of the High Court of Gujarat for necessary follow-up action”.
Therefore, the pending application has been disposed off by the Supreme Court.
CASE NAME- ALIFIYA HUSENBHAI KESHARIYA versus SIDDIQ ISMAIL SINDHI & ORS.
NAME – DAKSH SRIVASTAVA, G.D. GOENKA UNIVERSITY, B.A.LLB, INTERN UNDER LEGAL VIDHIYA
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