Allahabad High Court
SMT. RADHA MISHRA AND ANOTHERversusPRESIDING OFFICER MOTOR ACCIDENT CLAIM TRIBUNAL SOUTH KANPUR NAGAR AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of, and the Motor Accident Claims Tribunal is directed to decide the pending case within one year, without unnecessary adjournments.
Summary
The petitioners, Smt. Radha Mishra and another, filed a writ petition before the Allahabad High Court seeking a direction to the Presiding Officer of the Motor Accident Claims Tribunal (North) to decide the pending MACT case No. 1418 of 2019 within a reasonable time. The petition alleged that the tribunal had unduly delayed the adjudication of the claim against Arshad Ali and others. The Court noted that the sole relief sought was a directive for expeditious disposal of the pending tribunal case. Since the underlying case remained unresolved, the Court found no merit in keeping the writ petition pending. Accordingly, the Court disposed of the writ petition and issued a specific direction to the tribunal to decide the case within one year of receipt of the certified copy of this order, without unnecessary adjournments. The order emphasizes adherence to law and the need for timely justice in motor accident claims.
Issues considered
- Whether a writ petition can be entertained to compel a Motor Accident Claims Tribunal to decide a pending case within a stipulated time
Subjects
- Motor Accident Claims Tribunal
- Writ petition
- Expeditious disposal
- Direction to tribunal
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19283 of 2026
Smt. Radha Mishra And Another
.....Petitioner(s)
Versus
Presiding Officer Motor Accident Claim Tribunal
South Kanpur Nagar And 3 Others .....Respondent(s)
Counsel for Petitioner(s) : Himanshi Srivastava, Shreesh Srivastava
Counsel for Respondent(s) :
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
3. The solitary relief claimed in the present writ petition for a writ, order or
direction to the Learned Presiding Officer, Motor Accident Claims Tribunal
(North) to decide the M.A.C.P Case no. 1418 of 2019 (Smt. Radha Mishra
and Others versus Arshad Ali and Others), pending before it within
stipulated time, as may deem fit and proper by this Hon'ble Court.
4. Learned counsel prayed that the said suit may be decided, expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a direction
to the Learned Presiding Officer, Motor Accident Claims Tribunal (North) to
decide the M.A.C.P Case no. 1418 of 2019 (Smt. Radha Mishra and Others
versus Arshad Ali and Others), in accordance with law, expeditiously, within
a period of one year from the date of presentation of the certified copy of the
order without granting unnecessary adjournments subject to legal
impediment.
May 18, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
Checking your session…