Allahabad High Court
SMT VIJAY DEVI AND ANOTHERversusNATIONAL 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 case.
Summary
The petitioners filed a writ petition seeking a direction to the Motor Accident Claim Tribunal, Agra, to expedite the pending claim (M.A.C. No. 710 of 2019) under Section 166 read with Section 140 of the Motor Vehicles Act. The petitioners argued that the claim had been pending since 2019 without progress. The Court observed that no further procedural steps such as counter‑affidavit or notice to private respondents were necessary. It directed the Tribunal to decide the matter within six months of the order, after hearing all parties, and clarified that it was not passing any judgment on the merits of the claim. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court can issue a direction to the Motor Accident Claim Tribunal to expedite a pending claim under Section 166 read with Section 140 of the Motor Vehicles Act.
Legislation cited
- Motor Vehicles Act — s. 140, 166
Subjects
- Motor Accident Claim Tribunal
- Writ petition
- Expeditious disposal
- Section 166
- Section 140
- Motor Vehicles Act
- High Court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38203 of 2026
Smt Vijay Devi And Another
.....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. 710 of 2019 (Smt. Vijay Devi 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 petitioner that Motor Accident Claims
Petition is pending consideration since 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 respondents, the matter is being
disposed of, at the admission stage, with a direction upon court concerned to decide
the pending M.A.C. No. 710 of 2019 (Smt. Vijay Devi 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 23, 2026
A. V. Singh
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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