has failed to apply its mind to determine whether the petitioner herein was entitled to waiver of deposit of 20% amount of compensation, considering her financial condition, health condition, the fact of pendency of insolvency proceeding against the petitioner, and the claim lodged by the respondent against the insurance company namely New India Insurance Company Limited, which is pending before National Consumer Dispute Resolution Commission (NCDRC). Learned Senior Counsel relies upon the decision of Hon‟ble Apex Court in case of Jamboo Bhandari v. M.P. State Industrial Development Corporation 2023 SCC OnLine SC 1144 , to contend that imposition of 20% amount of compensation/fine, as a pre-condition for filing appeal against conviction, is not an absolute rule and the Appellate Courts can consider the exceptional circumstances which warrant grant of suspension of sentence without imposing such a condition. It is stated that firstly , the petitioner is a senior citizen, aged about 57 years, and has been suffering from Multiple Sclerosis since 1998, which has affected her brain. Secondly , it is submitted that the complainant had already filed two consumer complaints before NCDRC against New India Insurance Company Limited seeking the same amount. Thirdly , it is stated that the petitioner had filed an insolvency petition before Saket Courts, New Delhi seeking a direction to declare the petitioner as undischarged insolvent, and that the petitioner has not been earning any income which is assessable as income tax after assessment year 2010-11; further, the petitioner had also suffered a loss of Rs. 10.6 crores, which is reflected in her ITR filed in the year 2010-11.
