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Allahabad High Court

SMT KIRAN AND 3 OTHERSversusPRESIDING OFFICER, MOTOR ACCIDENT CLAIM TRIBUNAL NORTH KANPUR NAGAR AND 2 OTHERS

Decided

Holding

The High Court directed the Motor Accident Claims Tribunal to decide the pending case within one year, prohibiting unnecessary adjournments.

Summary

Petitioner Smt Kiran and three others filed a writ petition seeking a direction to the Presiding Officer of the Motor Accident Claims Tribunal (North), Kanpur Nagar, to decide their pending MACP case No. 346 of 2022 within a reasonable time. The petition argued that the delay in adjudication was causing prejudice and requested the High Court to intervene. The Court noted that the underlying case was still pending and that the petition would serve no purpose if left unresolved. Consequently, the Court disposed of the writ petition, directing the Tribunal to decide the case expeditiously within one year of receiving the certified copy of the order, and to avoid unnecessary adjournments unless legally justified. The order was pronounced by Justice Vikas Budhwar on 18 May 2026.

Issues considered

  • What direction can the High Court issue to a Motor Accident Claims Tribunal to ensure expeditious disposal of a pending case?

Subjects

  • writ petition
  • Motor Accident Claims Tribunal
  • expeditious disposal
  • adjournment
  • civil procedure

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 19389 of 2026

                                    Smt Kiran And 3 Others
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Presiding Officer, Motor Accident Claim Tribunal
                                    North Kanpur Nagar And 2 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), Kanpur Nagar to decide the M.A.C.P Case no. 346 of 2022 (Smt.
                                    Kiran and Others Versus Uttar Pradesh State Roadways Transportation
                                    Corporation Limited 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),
                                    Kanpur Nagar to decide the M.A.C.P Case no. 346 of 2022 (Smt. Kiran and
                                    Others Versus Uttar Pradesh State Roadways Transportation Corporation
                                    Limited 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


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