Hon'ble Judges/Coram:
J.K. Maheshwari and Sanjay Karol

JUDGMENT

Sanjay Karol, J.

1. Leave granted.

At the outset, we may remind ourselves of what Krishna Iyer, J. had observed in State of Haryana v. Darshana Devi   MANU/SC/0390/1979 : 1979:INSC:35 : (1979) 2 SCC 236 that

2. The sole point for our consideration is whether a person who is entitled to receive compensation by way of a claim before the Motor Accident Claims Tribunal can be said to have given up its status as an 'indigent person', by virtue of the amount slated to be received. In other words, whether a person being an award holder, of monetary compensation without actual receipt thereof, would be disentitled from filing an appeal seeking enhanced compensation as an indigent?

3. The factual scenario giving rise to this appeal is:

3.1 The Appellant, who was the original claimant before the Motor Accident Claims Tribunal, [Court of Motor Accident Claims Tribunal (Auxiliary) & 10th (Adhoc) Addl. District Court Jude, Jamnagar]¹ in M.A.C.P. No. 255 of 2011, was injured in an accident on 4th July 2010, while riding pillion on a bike, which was hit by a truck. Having sustained injuries, she was admitted for medical treatment at a hospital for a period of fourteen days and subsequently she underwent plastic surgery.

3.2 At the time of the accident, she was earning Rs. 3,000/- per month, but, post the accident, she sustained permanent disablement, and hence had not been able to work thereafter. A claim was filed for Rs. 10 lakhs with 18% interest and costs.

3.3 The Tribunal vide Award dated 17th October 2016, awarded a sum of Rs. 2,41,745/- with 9% interest from the date of claim petition till the date of realization and pro........