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2025 DAILYLAW 60060 (ALL)

SMT POONAM DEVI AND ANOTHER v. MOTOR ACCIDENT CLAIM TRIBUNAL AND 3 OTHERS

WRIC/16745/2025 · 2025-05-22

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88029 Court No. - 9 Case :- WRIT - C No. - 16745 of 2025 Petitioner :- Smt Poonam Devi And Another Respondent :- Motor Accident Claim Tribunal And 3 Others Counsel for Petitioner :- Ashutosh Sharma Hon'ble Rohit Ranjan Agarwal,J. The petitioner had earlier approached this Court through Matters under Article 227 No. 23671 of 2023 and following order was passed on 22.08.2023:- "Heard Mr. Ashutosh Sharma, learned counsel for the petitioners. The writ petition has been filed by the petitioners with prayer to direct the Motor Accident Claim Tribunal, Ballia to decide the Execution Application No.28 of 2022 (Poonam Devi Vs. Manager, United India Insurance Company L.t.d.) filed u/s 174 of M.V. Act, 1988, within stipulated period. Learned counsel for the petitioners submits that in the claim petition filed by the petitioner award dated 25.01.2022 has been passed but only part payment has been made and in the execution case filed by the petitioners nothing has been done, therefore, a direction may be issued to expedite the execution application no.28 of 2022, within stipulated period. No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder. Considering the facts and circumstance of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed off with a direction to the respondent no.1 i.e. Motor Accident Claim Tribunal at Ballia though its Presiding Officer, to decide the aforesaid execution application filed by the petitioner, in accordance with law, after giving opportunity of hearing to the parties concerned, by means of a reasoned and speaking order, preferably within a period of two months, from the date of production of certified copy of this order, if there is no legal impediment." This writ petition has been filed with the same prayer. The second writ petition for the same cause of action is not maintainable. The writ petition stands dismissed. Order Date :- 23.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad