IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLICATION (FOR INDIGENT PERSON) NO. 1 of 2025 In F/FIRST APPEAL NO. 17867 of 2025 ==========================================================

UMEDSINH SOMSINH PARMAR & ANR.

Versus IMRAN MAHAMMADHUSSAIN BHAYLA & ORS.

==========================================================

Appearance:

MR VAIBHAV N SHETH(5337) for the PETITIONER(s) No. 1,2 AGP (ASSISTANT GOVERNMENT PLEADER) for the RESPONDENT(s) No.

4,5 MASUMI V NANAVATY(9321) for the RESPONDENT(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/01/2026

IA ORDER

1) Present application is filed by the applicants seeking permission to file and contest the main matter i.e. First Appeal as indigent persons by dispensing with payment of court/stamp fees.

2) Feeling aggrieved by and dissatisfied with the judgment and award dated 29.01.2024 passed by learned Motor Accident Claims Tribunal Aravalli at Modasa, (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.142/2022, whereby, the claim petition came to be dismissed on the ground that the claim petition was filed beyond a period of six months under Section 166 (3) of the Act, the applicants preferred First Appeal.

3) Heard Mr.Vaibhav Sheth, learned counsel for the applicants, Ms.Masumi Nanavty, learned counsel for respondent No.3 and Mr.Rahul Dave, learned AGP for respondent Nos.4 and 5.

4) Learned counsel for the applicants submitted that the applicants had filed a claim petition seeking compensation for fatal injuries before the Tribunal, however, there was a delay of 22 days in filing the same and, consequently, the claim petition came to be dismissed under Section 166(3) of the Act. Prior to filing the claim petition, the Tribunal by order dated 08.12.2022, was pleased to allow Civil Misc. Application No. 383 of 2022 filed by the claimants under Order XXXIII of the Code of Civil Procedure, seeking permission to file the claim petition as indigent persons, as the applicants did not have sufficient means to pay the court fees. The applicants now seek to challenge the order of dismissal passed in the claim petition. Hence, it is requested that the present application be allowed and permission be accorded to the applicants to file and contest the appeal as indigent persons.

5) Learned APP has opposed the present application and placed on record a details of movables and immovable of the applicants. In light of these evidence, it is stated that the applicants are able to pay the court fees of Rs.6,150/- and requested to dismiss the application.

6) Having heard the learned counsel for the respective parties, it is worth to mention that the Tribunal accorded permission to the applicants to file the claim petition as indigent persons on 03.12.2022 and exempted them from paying court fees of Rs. 6,150/-. It is needless to say that an appeal is a continuation of the suit. So far as the report submitted by the Mamlatdar, Dhansura is concerned, the property status shown therein is prior to the year 2020, whereas in the year 2025, the applicants are shown as joint holders along with fourteen other joint owners of Survey No. 18. The total area of the said property is only 2,856 sq. mtrs. The report is taken on record..

7) Considering the aforesaid facts and the provisions of Order XXXIII Rule 1 of the Code of Civil Procedure, 1908, it appears that the applicants do not possess sufficient means and, therefore, the application deserves consideration. Court fees being a matter between the applicants and the State, permission to file an appeal as indigent persons amounts to a temporary postponement of payment of court fees. If the applicants succeed in the appeal and receive compensation, the court fees shall be deducted or recovered from such amount and the remaining amount shall be paid to the claimants.

8) In view of the above and with a view to avoid prejudice and injustice to the applicant