IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLICATION (FOR INDIGENT PERSON) NO. 1 of 2025 In F/FIRST APPEAL NO. 9934 of 2025 ==========================================================

ARIFBHAI FAISALBHAI ARIFBHAI KALVA ( DIED ON 25-03-2025 ) & ORS.

Versus MUKESHBHAI DINESHBHAI MAKWANA & ORS.

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Appearance:

MR. VISHAL P THAKKER(7079) for the PETITIONER(s) No. 1,2,3,4 (4169) for the RESPONDENT(s) No. 2 NOTICE SERVED for the RESPONDENT(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/02/2026

IA ORDER

1. When the matter is called out for hearing, learned Mr. Rahul Dave, learned AGP has submitted a report prapred by City Mamlatdar, Bhavnagar dated 16.02.2026. The same is taken on record.

2. 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.

3. Feeling aggrieved by and dissatisfied with the judgment and award dated 17.09.2022 passed by the learned Motor Accident Claims Tribunal (Main), Bhavnagar (hereinafter referred to as “the Tribunal” for the sake of brevity) in Motor Accident Claim Petition No. 1 of 2019, whereby the claim petition came to be partly allowed and compensation of Rs. 9,86,500/- was awarded as against the claim of Rs. 31,00,000/-, the claimants have preferred the First Appeal seeking enhancement of the compensation amount.

4. Heard learned advocate for the applicant.

5. Learned advocate for the applicant submits that the applicant is an indigent person and does not possess sufficient means to pay the requisite court fees for filing the present First Appeal. It is submitted that the applicant is facing extreme financial hardship and has no movable or immovable assets in his/her name which could be utilized for payment of the court fees. It is further submitted that original claimant No.1, who is appellant No.1 in the above-mentioned First Appeal, expired on 25.03.2025. The deceased was the sole earning member of the family. It is submitted that whatever amount was received pursuant to the award passed in the MACP has either been invested in fixed deposits as per the direction of the Tribunal or has been utilized towards repayment of loans taken from various persons for medical treatment, operation, and other incidental expenses incurred following the accident of deceased Faisal Kalwa. It is, therefore, submitted that the present applicants are left without any source of income and are unable to pay the requisite court fees, and hence, this Court may be pleased to permit the applicants to prosecute the appeal as indigent persons.

6. Having heard the learned counsel for the applicants and having perused the report submitted by the Mamlatdar, Bhavnagar, as well as the provisions of Order XXXIII Rule 1 of the Code of Civil Procedure, 1908, it appears that the applicants do not possess sufficient means to pay the requisite court fees and, therefore, the present application deserves consideration. Court fees being a matter between the applicants and the State, granting permission to file the appeal as indigent persons would amount to a temporary postponement of payment of court fees. In the event the applicants succeed in the appeal and receive any enhanced compensation, the requisite court fees shall be recovered or deducted from such amount and the balance amount shall be disbursed to the claimants in accordance with law.

7. In view of the above and with a view to avoid prejudice and injustice to the applicants, more particularly considering their economic condition and the benevolent object of the Motor Vehicles Act, the application is allowed. The applicants are permitted to file and contest the appeal as indigent persons.

(HASMUKH D. SUTHAR,J)

ALI