IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLICATION (FOR INDIGENT PERSON) NO. 1 of 2025 In F/FIRST APPEAL NO. 9897 of 2025 ==========================================================

BHUDAR @ BHUDDARBHAI PARMALBHAI PATHAN Versus UMAR MITHU KOLI & ORS.

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Appearance:

MR NISHIT A BHALODI(9597) for the PETITIONER(s) No. 1 MR RAHUL DAVE, AGP for the RESPONDENT(s) No. 6 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 12/02/2026

IA ORDER

[1.0] Present application is filed by the applicant seeking permission to file and contest the main matter i.e. First Appeal as indigent person by dispensing with payment of court/stamp fees.

[2.0] Feeling aggrieved by and dissatisfied with the judgment and award dated 03.08.2024 passed by learned Motor Accident Claims Tribunal (Aux.), Bhuj-Kutch (hereinafter referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.569/2021, whereby, the claim petition came to be dismissed against which the applicant –

original appellant has preferred the First Appeal.

[3.0] Heard learned advocate for the applicant and learned AGP for respondent No.6.

[4.0] Learned advocate for the applicant submitted that the applicant had filed a claim petition seeking compensation before the Tribunal for injuries sustained by him in the motor vehicular accident, however, as the learned Tribunal dismissed the claim petition on the ground that the applicant was travelling as a passenger in Chhakdo rickshaw which did not have permission to ply passengers. He has further submitted that the applicant is not having sufficient means to pay the court fees and therefore, the applicant has sought permission to pursue the First Appeal as indigent person. Therefore, he has requested to allow the present application.

[5.0] Learned AGP Mr. Rahul Dave has opposed the present application by submitting communication dated 12.02.2026 received from the I/c. Mamlatdar, Abdasa alongwith panchnama which are taken on record. He has submitted that the applicant is not having any movable or immovable property in his name. Hence, he has requested to pass appropriate order.

[6.0] Having heard the learned advocate appearing for the respective parties and considering the fact that the entire claim petition is dismissed against the applicant – claimant and also considering the fact that even before the learned Tribunal permission was granted to the applicant – original claimants to proceed as indigent person under Order 33 Rule 1 of the CPC and in the cause title, recoverable court fees stamp is mentioned as Rs.14,375/- and said amount is required to be recovered by the State. Perusing the communication dated 12.02.2026 tendered by the learned AGP alongwith the panchnama, it appears that the applicant is not having any movable or immovable property registered in his name.

[6.1] Considering the aforesaid facts and the provisions of Order XXXIII Rule 1 of the Code of Civil Procedure, 1908, it appears that the applicant do not possess sufficient means and, therefore, the application deserves consideration. Court fees being a matter between the applicant and the State, permission to file an appeal as indigent person amounts to a temporary postponement of payment of court fees. If the applicant succeeds in the appeal and receives compensation, the court fees shall be deducted or recovered from such amount and the remaining amount shall be paid to the applicant – claimant.

[7.0] In view of the above and with a view to avoid prejudice and injustice to the applicant, more particularly considering his economic condition and the benevolent object of the Motor Vehicles Act, the application is allowed. The applicant is permitted to file and contest the appeal as indigent person.

(HASMUKH D. SUTHAR, J.)

Ajay