LAWS(SC)-2024-5-85

ALIFIYA HUSENBHAI KESHARIYA Vs. SIDDIQ ISMAIL SINDHI

Decided On May 27, 2024
Alifiya Husenbhai Keshariya Appellant
V/S
Siddiq Ismail Sindhi Respondents

JUDGEMENT

(1.) Leave granted. At the outset, we may remind ourselves of what Krishna Iyer, J. had observed in State of Haryana v. Darshana Devi,(1979) 2 SCC 236 that

(2.) The sole point for our consideration is whether a person who is entitled to receive compensation by way of a claim before the Motor Accident Claims Tribunal can be said to have given up its status as an 'indigent person', by virtue of the amount slated to be received. In other words, whether a person being an award holder, of monetary compensation without actual receipt thereof, would be disentitled from filing an appeal seeking enhanced compensation as an indigent?

(3.) The factual scenario giving rise to this appeal is :-