MCA/902/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR INDIGENT PERSON No. 902 of 2007 In FIRST APPEAL (STAMP NUMBER) No. 4373 of 2006 ========================================================= FIROZKHA IBRAHIMKHA KURESHI - Applicant(s) Versus DAUOODBHAI ISHULKHA KURESHI & 3 - Opponent(s) ========================================================= Appearance : MR AS ASTHAVADI for Applicant(s) : 1, RULE SERVED for Opponent(s) : 1 - 2. MS AVANI S MEHTA for Opponent(s) : 3, RULE NOT RECD BACK for Opponent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.A.PUJ Date : 04/07/2008 ORAL ORDER
1. The
applicant original claimant has filed this Misc. Civil Application
seeking permission of this Court to file the present appeal as an
indigent person. This Court has passed an order on 2nd
April 2008 directing the applicant to join the State Government as
a party thereafter the rule was issued. Rule was duly served,
despite service of rule nobody appears on behalf of respondent Nos. 1
and 2. Ms. Avani Mehta has filed her appearance on behalf of
opponent No. 3 and Ms Pathak learned Assistant Government Pleader
appears on behalf of State of Gujarat.
2. Mr.
A. S Asthavadi learned advocate appearing for the applicant has
submitted that the applicant has filed the Claim Petition for Rs
1,50,000/- as a indigent person. The applicant was awarded
compensation to the extent of Rs 38,000/-. The respondent insurance
company was held liable only to the extent of 70% and hence, the
applicant was entitled only Rs 26,660/- with 9% interest. Out of this
amount, the applicant has received only 30% i.e Rs 7,980/- only. He
has further submitted that the applicant is an illiterate person
working as a labourer. The applicant is not possessing sufficient
means to enable him to pay the prescribed fees for the present
appeal. He has further submitted that the applicant is facing acute
financial hardship and, hence, the present application is moved
seeking permission to file the appeal as an indigent person.
3. There
was no objection either by the insurance company or by the State
Government. Looking to the averments made in the application and
considering the fact that the applicant has received only Rs 9,000/-
as a result of partial compensation granted by the Claims Tribunal,
permission as prayed for is granted. The applicant is hereby
permitted to file the present appeal as a indigent person. This
application is accordingly allowed. Rule is made absolute.
4. Office
is directed to give pucca Number to First Appeal and place it for
admission hearing on 10th July 2008.
(K.A
Puj,J)
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