Smt. Hajratulnisha @ Hayatulnisha and 7 Others vs… — Motor Accident Claims | Allahabad HC (2025)

Smt. Hajratulnisha @ Hayatulnisha and 7 Others vs… — Motor Accident Claims | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: execution proceedings stayed till the next date of listing (17.12.2025), conditional on the appellants depositing 50% of the awarded amount within two months (statutory deposit of Rs.25,000/- adjustable against it), failing which the stay automatically vacates; notice ordered to the respondents through the district judge concerned. Appeal not finally decided.

Issue for consideration

Whether the claim petition, filed about 10 years and 9 months after the alleged incident of 23.06.2001, casts reasonable doubt on the claimants' version (raised by the appellants' counsel; not decided in this order). +1 more

Ratio / Principle

Notice ordered to be issued to the respondents, to be served upon them through the district judge concerned.

Key takeaways

Case directed to be listed on 17.12.2025.ratio¶18
Execution proceedings stayed till the next date of listing, conditional on the appellants depositing 50% of the entire awarded amount within two months; the interim order automatically stands vacated on non-deposit of the 50% before the Tribunal.ratio¶19
The statutory amount of Rs.25,000/- deposited at the time of filing of the appeal is liable to be adjusted against the 50% of the awarded amount ordered to be deposited by the appellants.ratio

Detailed headnote1 paragraphs

FAFO under Section 173 of the Motor Vehicles Act, 1988 filed by Smt. Hajratulnisha @ Hayatulnisha and 7 others against the judgement and award dated 20.06.2025 of the Motor Accident Claim Tribunal, Pratapgarh in Claim Petition No.64 of 2012 (filed by Smt. Sahrunnisha @ Sahrulnisha and 4 others), whereby Rs.13,42,210/- with 7% interest was awarded as death claim compensation of Anwar Ali arising from an incident of 23.06.2001 involving jeep No.UP72A-9054. Interim order of Ram Manohar Narayan Mishra, J. (14.10.2025): notice to respondents through the district judge concerned; case listed for 17.12.2025; execution proceedings stayed till the next date of listing provided the appellants deposit 50% of the awarded amount within two months (statutory deposit of Rs.25,000/- adjustable), failing which the interim order automatically vacates; receipt of deposit to be submitted on the next date. No substantive issue decided; appellants' counsel had flagged the ~10 years 9 months delay in filing, absence of FIR, unproved GD entry, non-production of the driver and police personnel, and an uninjured eyewitness.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 382 of 2025

Smt. Hajratulnisha @ Hayatulnisha And 7 Others

.....Appellant(s)

Versus

Smt. Sahrunnisha @ Sahrulnisha And 4 Others

.....Respondent(s)

Counsel for Appellant(s) : Ajmal Khan Counsel for Respondent(s) :

Court No. - 19

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellants and perused the record.

Instant FAFO under Section 173 of Motor Vehicles Act, 1988 has been filed against the judgement and award dated 20.06.2025 passed by learned Presiding Officer, Motor Accident Claim Tribunal, Pratapgarh in Claim Petition No.64 of 2012 filed by respondents whereby a sum of Rs.13,42,210/-has been awarded as compensation along with 7% interest to the appellants as death claim compensation of Anwar Ali.

Learned counsel for the appellants submits that the alleged incident took place on 23.06.2001 and the claim petition was filed by the respondents before the Tribunal on 23.07.2012 i.e. after delay of almost of 10 years and 9 months which creates reasonable doubts regarding the version of the petitioner. In regard to the incident, no police personnel was produced during hearing of claim petition to prove the GD entry as in the present case, no FIR was lodged as such. The driver of jeep bearing registration No.UP72A-9054 in which the deceased was sitting at the time of alleged incident was not produced as a witness during hearing. P.W.-2 Nizamuddin, who states himself as an eyewitness has not suffered any injury in the incident. The copy of the GD. of the incident prepared at

FAFO No. 382 of 2025

2

police station does not support the version of the claimants. Learned Tribunal did not consider the ground taken by the appellants regarding negligence.

Issue notice to the respondents which shall be served upon them through district judge concerned.

List this case on 17.12.2025.

The execution proceedings shall remain stayed till the next date of listing, provided the appellants deposit 50% of the entire awarded amount within two months. In case of non-deposit of 50% of the awarded amount before the Tribunal within two months, the interim order shall automatically be vacated.

The statutory amount of Rs.25,000/- deposited at the time of filing of appeal shall liable to be adjusted against 50% of awarded amount which is ordered to be deposited by the appellants.

The appellants shall submit a receipt of the deposit issued from the Tribunal concerned on the next date of listing.

(Ram Manohar Narayan Mishra,J.)

October 14, 2025 KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench