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2025 DAILYLAW 179913 (ALL)

SMT. SEEMA DEVI v. COURT OF LEARNED MOTER ACCIDENT CLAIM TRIBUNAL AYODHYA AND 6 OTHERS

A227/6118/2025 · 2025-10-30

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6118 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dinesh Kumar Tiwari, the learned counsel for the petitioner, Sri Zafar Aziz, the learned counsel for the opposite party no.2 and perused the records. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Motor Accident Claims Tribunal for expeditious disposal of Claim Petition No.15507 of 2019: Smt. Seema Devi Vs. The New India Assurance Company Limited. 3. The learned counsel for the opposite party no.2 has raised a preliminary objection that the petitioner has approached the Motor Accident Claims Tribunal as an opposite party which is not permissible in law. 4. Confronted with this objection, the learned counsel for the petitioner requests that he may be permitted to delete the opposite party no.1 from the array of parties. The request is accepted and the learned counsel for the petitioner is directed to delete Motor Accident Claims Tribunal from the array of parties forthwith. 5. The learned counsel for the New India Assurance Company Limited has stated that the insurance company has already filed its Versus Counsel for Petitioner(s) : Dinesh Kumar Tiwari, Prabhakar Pandey Counsel for Respondent(s) : Zafar Aziz Smt. Seema Devi .....Petitioner(s) Court Of Learned Moter Accident Claim Tribunal Ayodhya And 6 Others .....Respondent(s) written statement in the proceedings before learned Tribunal. The matter is at the stage of submission of evidence by the petitioner and the learned Tribunal is lying vacant presently. 6. In these circumstances, no direction can be issued to a vacant Tribunal for expeditious disposal of claim petition filed by the petitioner, more so when the petitioner herself has yet to submit her evidence in support of her claim. 7. Accordingly, the petition is dismissed at this stage. October 30, 2025 Ram. A227 No. 6118 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench