Allahabad High Court
SMT BHAWANA DEVI AND 4 OTHER5versusUNITED INDIA INSURANCE COMPANY LTD AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that it may direct the Motor Accident Claims Tribunal to dispose of the pending claim expeditiously, within six months, without adjudicating the merits.
Summary
The petitioners filed a writ petition seeking a court direction for the Motor Accident Claims Tribunal, Agra, to expedite the disposal of a pending claim (M.A.C. No.17 of 2022) under Section 140 of the Motor Vehicles Act. They argued that the claim had been pending since 2022 and that no further procedural steps, such as filing counter‑affidavits or issuing notices, were necessary. The Court observed that keeping the matter pending served no useful purpose and, at the admission stage, could issue a direction for the Tribunal to decide the claim within six months of the order. The direction was to be complied with after hearing all concerned parties, strictly in accordance with law. The Court disposed of the writ petition without adjudicating the merits of the underlying claim, merely directing expeditious disposal.
Issues considered
- Whether the High Court can direct the Motor Accident Claims Tribunal to dispose of a pending claim within a specified time frame.
- Whether such a direction can be issued without hearing the parties or deciding the merits of the claim.
Legislation cited
- Motor Vehicles Act — s. 140
Subjects
- Motor Accident Claim
- Section 140
- Motor Vehicles Act
- Writ Petition
- Expeditious Disposal
- High Court Direction
- Tribunal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35680 of 2026
Smt Bhawana Devi And 4 Other5
.....Petitioner(s)
Versus
United India 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. No.17 of 2022 (Smt. Bhawana
Devi and others Vs. United India Insurance REALA Company Ltd. and
others) under Section 140 M.V. Act, editiously or within the stipulated
read with Section 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, Agra. The sole prayer is for early disposal of the said case.
3. As no useful purpose would be served in keeping the matter pending, or
calling for counter affidavit or issuing notice to the private respondents, the
matter is being disposed of, at the admission stage, with a direction upon
court concerned to decide the pending Motor Accident Claims Petition
No.17 of 2022, 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.
(Rohit Ranjan Agarwal,J.)
September 9, 2026 // SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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