The petitioner sought a direction to the Motor Accident Claims Tribunal to examine a defence witness to delay the claim proceedings filed in 2018. The High Court dismissed the writ petition, holding that the objection was rightly made by the Tribunal as more than six years had elapsed.
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Neutral Citation No. - 2024:AHC:181175
Court No. - 9
Case :- WRIT - C No. - 35864 of 2024
Petitioner :- Ghanshyam Yadav Respondent :- Santosh Kumar Dubey And 6 Others Counsel for Petitioner :- Abhay Raj,Ray Sahab Yadav
Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed by the owner of the vehicle for a direction upon the Motor Accident Claims Tribunal, Mirzapur to examine the first informant Pancham, DW-3 in MACP No.65 of 2018. The application for examining DW-3 which was moved on 03.10.2024 has been rejected by order impugned.
I have heard learned counsel for the petitioner and perused the material on record.
From perusal of the order, it transpires that the Claim Petition is of the year 2018, and after six years when the matter is at the stage of hearing, examination of the defence witness has been closed. An application has been moved for examining DW-3. It appears that the said application has been moved to delay the proceedings of Claim Petition. Motor Vehicle Act is beneficial legislation, and the Claim Petition is moved by the claimant for compensation to be awarded where there is an injury or loss to life.
As more than six years have elapsed and claim petition till date has not been decided, the application moved by owner of the vehicle after six years for examining DW-3 has rightly been rejected by the Tribunal.
No case for interference is made out.
Writ petition is misconceived and the same stands dismissed.
Order Date :- 19.11.2024 SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should interfere with the Motor Accident Claims Tribunal's order rejecting an application to examine a defence witness after six years.
Whether the application to examine DW-3 was an attempt to delay the proceedings of the claim petition filed in 2018.
1 provisions across 1 enactments
Ghanshyam Yadav
Santosh Kumar Dubey and 6 Others
Rohit Ranjan Agarwal
Shivakant Goswami
As recorded by the court registry
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