Allahabad High Court
SRI. AMAR SAHU AND ANOTHERversusPRESIDING OFFICER, MOTOR ACCIDENT CLAIM TRIBUNAL AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The High Court may issue a mandamus directing the Motor Accident Claims Tribunal to decide the pending case expeditiously.
Summary
The petitioners, Amar Sahu and another, filed a writ petition before the Allahabad High Court seeking a mandamus directing the Presiding Officer of the Motor Accident Claims Tribunal (South) to decide M.A.C.P. Case No. 323 of 2020, which had remained pending since 2020. The petition alleged undue delay in adjudicating the claim against National Insurance Company Limited and others, and prayed for an expeditious decision. The Court noted that the continued pendency rendered the petition itself of no further purpose unless the tribunal acted. Accordingly, the Court disposed of the writ petition, directing the tribunal to decide the pending case within six months of receipt of the certified order, subject to service of notice and hearing of all parties. The order was signed by Justice Manish Kumar Nigam on 18 March 2026.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Motor Accident Claims Tribunal to decide a pending case within a specified time.
Subjects
- writ petition
- mandamus
- Motor Accident Claims Tribunal
- delay in adjudication
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10126 of 2026
Sri. Amar Sahu And Another
.....Petitioner(s)
Versus
Presiding Officer, Motor Accident Claim Tribunal And 3
Others
.....Respondent(s)
Counsel for Petitioner(s) : Himanshi Srivastava, Shreesh Srivastava
Counsel for Respondent(s) : Radhey Shyam
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in the nature of mandamus directing the
Learned Presiding Officer, Motor Accident Claims Tribunal (South) to
decide the M.A.C.P Case no. 323 of 2020 (Amar Sahu and Another versus
National Insurance Company Limited and Others) pending before him
within the time specified by this Hon'ble Court."
3. Learned counsel for the petitioner submitted that the above-mentioned case
is pending consideration since 2020, the same has not been decided till date.
Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
the Presiding Officer, Motor Accident Claims Tribunal (South) to decide the
above-mentioned case, in accordance with law, expeditiously, preferably
within six months from the date of production of a certified copy of this order,
after ensuring service of notice upon all the respondents and providing
opportunity of hearing to all the concerned parties provided there is no other
legal impediment.
March 18, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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