Allahabad High Court
SMT. JYOTI KUMARIversusVICE CHAIRMAN, MOTOR ACCIDENT CLAIM TRIBUNAL, PRAYAGRAJ AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the Motor Accident Claim Tribunal to decide the pending claim within six months, without adjudicating the merits.
Summary
The petitioner, Smt. Jyoti Kumari, filed a writ petition seeking a direction to the Motor Accident Claim Tribunal (MACT) to decide a pending Motor Accident Claim Petition No. 528 of 2020, which had been pending since 2020. The petitioner argued that the prolonged delay served no useful purpose and that the matter should be disposed of at the admission stage with a clear deadline. The Court, noting the undue delay, ordered the MACT to hear all parties and decide the claim expeditiously, preferably within six months of the order. The Court emphasized that it was not adjudicating the merits of the underlying claim. Consequently, the writ petition was disposed of after issuing the direction to the Tribunal.
Issues considered
- Whether the High Court can issue a writ directing the Motor Accident Claim Tribunal to decide a pending claim within a specified time
Subjects
- Motor Accident Claim Tribunal
- Writ Petition
- Delay in adjudication
- Expeditious disposal
- Jurisdiction of High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34491 of 2026
Smt. Jyoti Kumari
.....Petitioner(s)
Versus
Vice Chairman, Motor Accident Claim Tribunal, Prayagraj
And Another
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Kumar
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"(a) Issue a writ, order or direction in the nature of direct the Respondent
No.1 to decide the Motor Accident Claim Petition No.528 of 2020 (Smt.
Jyoti Kumari & Others Vs. Sunil Kumar Nishad & Another) within
stipulated period as may fixed by this Hon'ble Court pending before
Respondent No.1."
2. It is contended by learned counsel for the petitioners that Motor Accident Claims
Petition is pending consideration since 2020 before Motor Accident Claims Tribunal.
3. As no useful purpose would be served in keeping the matter pending, or calling for
counter affidavit or issuing notice to the private respondent, the matter is being
disposed of, at the admission stage, with a direction upon Tribunal concerned to
decide the pending Motor Accident Claim Petition No. 528 of 2020 (Smt. Jyoti
Kumari & Others vs. Sunil Kumar Nishad & Another) after hearing all the concerned
parties, strictly in accordance with law, expeditiously, preferably within a period of six
months from the date of production of certified copy of this order.
4. With the aforesaid direction, present writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the case on merits.
September 9, 2026
(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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