Allahabad High Court
SMT SHIVALI YADAV AND 2 OTHERSversusNATIONAL INSURANCE COMPANY LTD AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the Motor Accident Claim Tribunal to decide the pending claim expeditiously within six months, without adjudicating the merits of the petition.
Summary
The petitioners filed a writ petition under Section 166 read with Section 140 of the Motor Vehicles Act seeking a direction to the Motor Accident Claim Tribunal (MACT) in Agra to expedite the disposal of their pending claim (MACT No. 688 of 2022). The petitioners argued that the claim had been pending since 2022 and that further procedural steps such as filing a counter‑affidavit or issuing notice to the private respondent would serve no useful purpose. The High Court, after admitting the petition, issued an order directing the MACT to hear all parties and decide the claim strictly in accordance with law within six months of the order, without deciding the merits of the case. The court clarified that it had not adjudicated the substantive issues of the claim. Consequently, the writ petition was disposed of with the direction to the tribunal.
Issues considered
- Whether a High Court can issue a direction under Section 166 read with Section 140 of the Motor Vehicles Act for the expeditious disposal of a pending Motor Accident Claim Tribunal case.
- Whether the writ petition is maintainable for seeking such a direction.
Legislation cited
- Motor Vehicles Act — s. 140, 166
Subjects
- Motor Accident Claim Tribunal
- Writ Petition
- Section 166
- Section 140
- expeditious disposal
- High Court direction
- Motor Vehicles Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34586 of 2026
Smt Shivali Yadav And 2 Others
.....Petitioner(s)
Versus
National Insurance Company Ltd And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhilasha Tiwari, Kanchan Prajapati, Krishna
Mohan Rai, Vijay Laxmi Gupta
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"I. Issue necessary direction to the Motor Accident Claim Tribunal Agra
for expedite disposal of the M.A.C. No. 688 of 2022 (Smt. Shivali Yadav
and other Vs. National Insurance Company Ltd. and others) under
Section 166 read with Section 140 M.V. Act, expeditiously or within the
stipulated period as may be fixed by this Hon'ble Court."
2. It is contended by learned counsel for the petitioners that Motor Accident Claims
Petition is pending consideration since 2022 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 M.A.C. No. 688 of 2022 (Smt. Shivali Yadav and others vs.
National Insurance Company Ltd. and others) 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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