Allahabad High Court
SMT. SUNITA DEVI AND 5 OTHERSversusPRESIDING OFFICER, MOTOR ACCIDENT CLAIMS TRIBUNAL AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the Motor Accident Claims Tribunal to decide the pending MACP case within six months and disposed of the writ petition without reaching the merits.
Summary
The petitioners filed a writ petition seeking a mandamus directing the Presiding Officer of the Motor Accident Claims Tribunal (South), Kanpur Nagar, to decide MACP No. 1024/2019, which had been pending since 2019. The petition argued that the prolonged delay served no useful purpose and that the Tribunal should be compelled to dispose of the matter expeditiously. The Court, after considering the submission, ordered the Tribunal to hear all parties and decide the pending case within six months of the production of the certified copy of the order. The Court clarified that it was not passing any judgment on the merits of the underlying accident claim. Consequently, the writ petition was disposed of without adjudicating the substantive issues.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Motor Accident Claims Tribunal to decide a pending case within a specified time frame
- Whether the writ petition is maintainable for the purpose of expediting the disposal of a pending MACP case
Subjects
- writ petition
- mandamus
- Motor Accident Claims Tribunal
- delay in adjudication
- expeditious disposal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36518 of 2026
Smt. Sunita Devi And 5 Others
.....Petitioner(s)
Versus
Presiding Officer, Motor Accident Claims Tribunal And 3
Others
.....Respondent(s)
Counsel for Petitioner(s) : Aman Srivastav
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 a writ, order or direction in the nature of mandamus directing
the Learned Presiding Officer, Motor Accident Claims Tribunal (South),
Kanpur Nagar to decide the M.A.C.P Case No. 1024/2019 (Smt. Sunita
Devi and others versus M/s Auto Mobile Carriers and others) pending
before him within the time specified 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 (South), Kanpur Nagar.
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. 1024 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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