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Allahabad High Court

TALEVAR SINGHversusNEW INDIA INSURANCE COMPANY LTD AND 2 OTHERS

Decided

Holding

The Court directed the Tribunal to decide the pending claim expeditiously within six months, without adjudicating the merits.

Summary

The petitioner filed a writ petition seeking a direction to the Motor Accident Claims Tribunal, Agra, to expedite the disposal of a motor accident claim (M.A.C.P. No. 226 of 2019) pending since 2019. The petition relied on Section 166 read with Section 140 of the Motor Vehicles Act. The Court observed that the matter had been pending for an undue period and, without hearing the respondents, issued a direction at the admission stage for the Tribunal to decide the claim after hearing all parties, within six months of the order. The Court clarified that it was not passing any merits-based decision on the claim. Consequently, the writ petition was disposed of.

Issues considered

  • Whether the High Court can direct the Motor Accident Claims Tribunal to expedite the disposal of a pending claim under Section 166 read with Section 140 of the Motor Vehicles Act.

Legislation cited

Subjects

  • Motor Accident Claim
  • Writ Petition
  • Section 166
  • Section 140
  • Motor Accident Claims Tribunal
  • Expeditious Disposal
  • High Court Direction

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                   WRIT - C No. - 36455 of 2026

                                    Talevar Singh
                                                                                                              .....Petitioner(s)
                                                                                 Versus
                                    New 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:-

                                              "Issue necessary direction to the Motor Accident Claim Tribunal Agra for
                                              expedite disposal of the M.A.C. No.226 of 2019 (Talewar Singh Vs. New
                                              India 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 the year 2019
                                    before Motor Accident Claims Tribunal, Agra.

                                    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.P. No. 226 of
                                    2019, 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. It
                                    is made clear that this Court has not adjudicated the case on merits.



                                                                                              (Rohit Ranjan Agarwal,J.)
                                    September 14, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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