Disposed¶15

Vinod Kumar Kashyap v. Smt. Piyara and 2 Others

Allahabad HC23 Mar 2026A227/1146/2026

Case brief

AI extract

What is this about?

Article 227 petition disposed of with direction to Motor Accident Claims Tribunal, Barabanki to consider petitioner's Order IX Rule 9 CPC application for setting aside ex parte award dated 13.03.2023 in a Section 166 Motor Vehicles Act claim arising from fatal accident of 21.12.2017; recovery certificate already issued against petitioner; liberty granted to press interim relief. Single Judge: Alok Mathur, J. Parties: Vinod Kumar Kashyap v. Smt. Piyara and 2 Others.

What did the court decide?

Direction to the Motor Accident Claims Tribunal, Barabanki to consider the petitioner's application for setting aside the ex parte order in case service has been effected upon the claimants, with liberty to the petitioner to press his application for interim relief on the next date or any other date fixed by the Tribunal. ¶15

Vinod Kumar Kashyap vs Smt. Piyara and 2 Others — Motor Accident Claims | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's application under Order IX Rule 9 CPC for setting aside the ex parte judgment dated 13.03.2023 of the Motor Accident Claims Tribunal, Barabanki should be considered before the ex parte order is executed pursuant to the recovery certificate issued against the petitioner.

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Court's answer

The Motor Accident Claims Tribunal, Barabanki is directed to proceed to consider the petitioner's application (under Order IX Rule 9 CPC for setting aside the ex parte order) in case service has been effected upon the claimants.

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Ratio / Principle

Notice to the private respondents is dispensed with in light of the proposed order.

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Key takeaways

It is open to the petitioner to press his application for interim relief on the next date fixed (28.03.2026) or on any other date fixed by the Tribunal at its convenience.ratio¶18

Detailed headnote1 paragraphs

Writ petition under Article 227 (Matters Under Article 227 No. 1146 of 2026), High Court of Judicature at Allahabad, Lucknow Bench, decided by Alok Mathur, J. on 23.03.2026. Claim proceedings under Section 166 of the Motor Vehicles Act arising from the death of Santram in an accident dated 21.12.2017 were decided ex parte against the petitioner by the Motor Accident Claims Tribunal, Barabanki by judgment and order dated 13.03.2023, and a recovery certificate was issued against him. The petitioner filed an application under Order IX Rule 9 CPC in February 2026 to set aside the ex parte order; the grievance was that the ex parte order would be executed without consideration of that application, the next date before the Tribunal being 28.03.2026. Notice to private respondents was dispensed with and the petition was disposed of with a direction to the Tribunal to consider the petitioner's application in case service has been effected upon the claimants, with liberty to press the interim relief application.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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MATTERS UNDER ARTICLE 227 No. - 1146 of 2026

Vinod Kumar Kashyap

.....Petitioner(s)

Versus

Smt. Piyara And 2 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Gokul Seth, Devarshi Mishra
Counsel for Respondent(s)	:

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Court No. - 5

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HON'BLE ALOK MATHUR, J.

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Heard Shri Devarshi Mishra, learned counsel for the petitioner.

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In light of the proposed order, notice to private respondents, is dispensed with.

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The grievance raised by the petitioner is that the exparty order would be executed without considering the application filed by the petitioner and finally prays for due consideration of his application for setting aside the exparte order.

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It has been submitted by counsel for the petitioner that proceedings under Section 166 of the Motor Vehicles Act were initiated by the private respondents with regard to the death of once Santram, who died due to an accident on 21.12.2017.

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It has been submitted that the proceeding before the Motor Accident Claims Tribunal was decided exparte, against the petitioner, by means of judgment and order dated 13.03.2023. Against which, the petitioner has filed an application under order IX Rule 9 of the C.P.C.

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It has been submitted that the recovery certificate has already been issued against the petitioner, and application under Order 9 Rule 9 of the C.P.C. has been preferred by the petitioner only in February, 2026 and submits that the next date is fixed for 28th March, 2026.

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Accordingly the petition is disposed of with a direction to the Motor

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A227 No. 1146 of 2026

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Accident Claims Tribunal, Barabanki, who will proceed to consider the petitioner's application in case the service has been effected upon the claimants. It shall also be open for the petitioner to press his application for interim relief on the next date or any other date fixed by the Tribunal, on its convenience.

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With the aforesaid direction, the present writ petition is disposed of.

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(Alok Mathur,J.)

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March 23, 2026 Muk

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Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench

Vinod Kumar Kashyap v. Smt. Piyara and 2 Others

Case brief

What is this about?

What did the court decide?

Vinod Kumar Kashyap v. Smt. Piyara and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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