Indigent Persons’ Right to Appeal Without Court Fees under Section 173 of the Motor Vehicle Act Upheld: Supreme Court Reinforces Fundamental Principle in 2024 Motor Vehicle Act Case.
The Supreme Court’s judgment in Alifiya Husenbhai Keshariya v. Siddiq Ismail Sindhi upholds the fundamental right of indigent litigants to file an appeal without payment of court fees under Section 173 of the Motor Vehicle Act. Analyzing Orders XXXIII and XLIV of the CPC, the Court reiterates that lack of funds should not impede legal remedies. It discusses the concept of an ‘indigent person’ and the duty of courts to conduct proper inquiries before denying the ability to file appeals/suits without initial court fees, ensuring the poor are not priced out of the justice system.