27 May 2024 Civil Appeals >> Civil & Consumer Law   |   Motor Accident >> Family Law  

In a recent judgment, the Supreme Court has ensured an indigent person's right to appeal a motor accident claim tribunal award. The case highlights the importance of considering a person's current financial situation, not just the awarded amount, when determining their indigent status.

The appellant, who had been injured in a motorcycle accident, was awarded compensation by the Motor Accident Claims Tribunal (MACT). However, dissatisfied with the amount, she sought to appeal the decision. When she applied to file the appeal as an indigent person, the High Court rejected her request on the grounds that she had received compensation.

The Supreme Court disagreed. They pointed out that the appellant had not yet received the awarded money and argued that her financial situation at the time of filing the appeal was relevant. The Court emphasized that Orders XXXIII and XLIV of the Code of Civil Procedure (CPC) allow indigent individuals to defer court fee payment.

The Court also criticized the lower court for not conducting a proper inquiry as mandated by the CPC. The applicable rule requires an investigation into a person's financial situation if they claim to have become indigent since the initial ruling.

In their final order, the Supreme Court allowed the appeal to be filed as an indigent person. Recognizing the time that had passed, they granted the appellant liberty to proceed with the appeal and requested the High Court to decide the case expeditiously, ideally within six months.

This judgment is a significant reminder that financial hardship should not prevent individuals from seeking justice. It underscores the importance of procedures that consider a person's current financial circumstances and ensure access to the legal system for all.

  Motor Vehicles Act, 1988    Code of Civil Procedure, 1908