Allahabad High Court
Karan Singh vs Smt. Sunita Devi And 6 Others on 26 September, 2023
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:187326
Court No. - 6
Case :- WRIT - C No. - 28505 of 2023
Petitioner :- Karan Singh
Respondent :- Smt. Sunita Devi And 6 Others
Counsel for Petitioner :- Saurabh Tripathi
Hon'ble Alok Mathur,J.
1. Heard Shri Saurabh Tripathi, learned counsel for the petitioner.
2. By means of the present writ petition the petitioner has challenged the order dated 11.01.2022 passed by the Presiding Officer, M.A.C.T., Shahjahanpur, District Shahjahanpur in M.A.C.P. No. 41 of 2018, Sunita Devi and others Vs. Karan Singh and others.
3. It is submitted by the counsel for the petitioner that with regard to an accident occurred on 05.01.2018 the husband of the respondent No. 1, namely, Natthu, S/o Khemkaran, aged about 55 years, who was going to the tubewell on his own was run over by a motorcycle Platina No. U.P. 27 AA 5869 and due to the injures sustained subsequently he succumbed from the same. On 09.01.2018 with regard to the said accident an F.I.R. was also registered as Case Crime No. 09 of 2018, under Section 279, 338, 304-A I.P.C. at Police Station Kalan, District Shajahanpur.
4. The private respondents who are the legal heirs of the deceased Natthu, have also approached the Motor Accident Claims Tribunal seeking compensation on account of death of Natthu. The petitioner, being the alleged owner of the motorcycle Platina No. U.P. 27 AA 5869, was also duly served and appeared before the Motor Accident Claims Tribunal and has moved an application for deletion of his name from the array of respondents on the ground that the vehicle involved in the said accident was not his vehicle and there was some other vehicle. The Motor Accident Claims Tribunal, Shahjahanpur vide order dated 11.01.2022 has rejected the said application of the petitioner which has been assailed before this Court in the present writ petition.
5. This Court is of the considered view that grievance, if any, of the petitioner against the order dated 11.01.2022 can be considered only after final disposal of the case pending before the Motor Accident Claims Tribunal, Shahjahanpur at the behest of the claimants. The petitioner has produced a copy of the charge sheet which has been filed before the competent court to buttress his claim. These aspects of the matter has been duly considered by the Motor Accident Claims Tribunal and has been rejected. Now as per the evidence on record the Motor Accident Claims Tribunal would pass final orders. In case petitioner is aggrieved by the final judgment which may be passed by the Motor Accident Claims Tribunal, the same may be assailed by the petitioner before appropriate forum, if he so chooses. At this stage, this Court does not go into the legality and validity of the impugned order. The proceedings pending before the Motor Claims Tribunal are summary in nature and are required to be decided expeditiously.
6. In view of above, specially considering that petitioner would have alternative remedy to challenge the final order, if any, passed against him by the Motor Accident Claims Tribunal, this Court declines to interfere in the matter at this stage.
7. Accordingly, the petition is dismissed.
Order Date :- 26.9.2023
Mustaqeem.
