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MACP - Motor Accident Claim Petition

Satyaguru Yeshu MudliyarVsYusuf Sardar Shaikh and Reliance Gen Ins Co Ltd +2 more

CNR MHMT0100001120215-H. H. Member
Fort, Motor Accident Claims Tribunal
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--JUDGMENT
Decision Date: 11th July 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
6/2021
Registration Date
06 Jan 2021

Advocates

3

For Petitioner

Parties

4

Acts & Sections

1
MOTOR VEHICLES ACT · Sec 140Injury · 166

Case History / Proceedings

Case History
Date: 08-01-2021
Next Purpose: NOTICE READY
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Next Purpose: NOTICE READY
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Next Purpose: NOTICE READY
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Next Purpose: NOTICE READY
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Next Purpose: NOTICE READY
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Next Purpose: NOTICE READY
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Next Purpose: DOCUMENTS
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Next Purpose: DOCUMENTS
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: H.H. Member is on Leave
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. for applicant absent.
Opp. party present.
Exh. 11 - Adv. Mr. S. S. Kurhe filed Vakalatnama on behalf of opp. party.
Adv. for ins. co. absent.
For Reply of Opp. party and ins. co.
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv. for opp. party absent.
Adjourned on request of insurer.
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: parties and their advocate are absent
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adj. for 140 Hearing
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: H. H. Member is on Leave
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: On Request of Applicant Adv.
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Parties and theirs advocates are absent.
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: None Present
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: On Request of Insurance Adv.
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: None Present for Both Side.
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Exh. 12 Files Reply on behalf of Insurance.
Exh. 13 Files U/S 170. Leave to Defend on b/f of Insurance.
Exh. 14 Files Written Statements on behalf of Insurance.
Heard parties Adv on NFL application.
Order passed below Exh. 2
NFL application is allowed.
Adj. for Issues
Next Purpose: For ISSUES
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Court busy in another matter.
Next Purpose: For ISSUES
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: Court busy in other matter.
Next Purpose: For ISSUES
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: H. H. Member is on Leave
Next Purpose: For ISSUES
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Court busy in other matter.
Next Purpose: For ISSUES
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: Court busy in other matter.
Next Purpose: For ISSUES
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: H. H. Member is on Leave.
Next Purpose: For ISSUES
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Exh. 15 Todays Issues framed.
Next Purpose: LIST OF WITNESS
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: Exh. 16 List of Witness on b/f of applicant.
Exh. 17 Files Affidavit of evidence in AW 1
Exh. 18 Application for permission to file additional list of documents on b/f of applicant. Production of documents
Exh. 19 Additional List of Documents
Exh. 20 Application for withdrawn V. N. Adv. Sachin Chavan on b/f of Opp. Party. Allowed
Next Purpose: PART HEARD
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: Exh. 17 An affidavit of evidence in AW 1
Further Examination in chief by Shri. A H Sawant Adv. for Applicant.
Exh. 21 Copy of FIR along with statment
Exh. 22 copy of central dairy
Exh. 23 Copy of Insurance policy
Exh. 24 Tax receipt
Exh. 25 Spot punchnama
Exh. 26 Original medic legal case paper
Exh. 27 Original treatment case paper Cooper Hospital
Exh. 28 Colly Discharge card LTMG Hospital dtt. 04/08/20 to 14/08/20
Exh. 29  Discharge card LTMG Hospital dtt. 01/09/20 to 28/09/20
Exh. 30 Copy of Aadhar Card and PAN card of applicant
Exh. 31 Colly Medical bills of Rs. 19692.68
Cross Examination chief by Opp. Party Absent
Cross Examination chief by Smt. B Bhatt Adv. for Insurer.
No Re Examination
Exh. 32 An affidavit of evidence in AW 2
Further Examination in chief by Shri. A H Sawant Adv. for Applicant.
Exh. 33 Disability certificate
Cross Examination chief by Opp. Party Absent
Cross Examination chief by Smt. B Bhatt Adv. for Insurer.
No Re Examination
Exh. 34 Issue Witness summons to HR Dept. Andheri
Adj. for Further Evi. of applicant
Next Purpose: PART HEARD
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: Exh. 35 Witness Summons served
Next Purpose: PART HEARD
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: H. H. Member is on Leave.
Next Purpose: PART HEARD
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: On Request of Applicant Adv.
Next Purpose: PART HEARD
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Exh. 36 Issue Witness summons to Grand Speed Network Pvt. Ltd. Andheri.
Next Purpose: PART HEARD
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Exh 37 Witness summons served
Exh. 38 Notes  of evidence in AW 3
Further Examination in chief by Shri. Amit Sawant  Adv. for Applicant.
Exh 39 Filed List of Document
Exh. 40 Autority Letter
Exh. 41 Original  ID Card
Exh. 42  Colly Appointment Letter of applicant and alongwith Certificate U/S 65 B of Evidence Act
Exh. 43 Colly Original Pay Slips  May 20 to July
Exh. 44 Original Certificate
 Cross Examination by Advocate S S Khure as Well as Opp. Party are absent when repeatedly called hence No Cross Examination
Cross Examination chief by Smt. B Bhatt Adv. for Insurer.
No Re Examination
Exh. 45 Files closing pursis for closing evidence on b/f applicant
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Exh. 46 Additional List of Documents
Exh. 47 Affidavit of evidence in DW 1
Further Examination in chief by Smt. B Bhatt Adv. for Insurer.
Exh. 48 Copy of ID Card
Exh. 49 Copy of letter dtd. 16/05/23
Exh. 50 Copy of Charge Sheet and police papers
Exh. 51 Copy of Insurance policy with terms and conditions
Cross Examination chief by Shri. S S Pure Adv. for Opp. Party. Absent
Cross Examination chief by Shri. A H Sawant Adv. for Applicant.
No Re Examination
Exh. 52 Closing pursis for closing evidence on b/f of Insurer.
Adj. for Further Arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Order passed below Exh. 1
No W. S. filed by Opp. party . Hence matter proceed without W. S.
Order passed below Exh. 1
Opp. Party has failed to produce evidence. Hence treated closed the evidence on b/f of Opp. Party.
Exh. 53 Written Argument on b/f of applicant.
Heard oral Argument on b/f of Insurer.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Heard further argument on b/f of applicant Adv.
Adv. for Opp. Party Absent
Heard further argument on b/f of Insurer Adv.
Exh. 54 Judgement and order dictated and pronounced. The claim application is  allowed and disposed by judgement.
The claim proceeding is finally closed.
Nature Of Disposal: JUDGMENT
Disposal Date: 11-07-2024

Additional Case Details

Additional Case Details
Filing Number: 1497/2020
Filing Date: 19-12-2020
First Hearing Date: 08th January 2021
Decision Date: 11th July 2024
Court Number And Judge: 5-H. H. Member

Orders

3
Final Order 2Full order available
11 Jul 2024

Order Details: Copy of Judgment Pdf Text: 1 Apln. No.6/2021[J] Presented on : 19.12.2020 Registered on : 06.01.2021 Decided on : 11.07.2024 Duration :3-Yrs.,6-Ms,4-Ds. BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUMBAI APPLICATION No. 6 OF 2021 (Presided Over by S.B.Munde, MEMBER) Exh.54 Mr. Satyaguru Yeshu Mudaliyar Aged about 20 yrs., Occupation – Service address – B.M. 138, Devi Krupa Chawl, Bhaskar Nagar, Kalwa, Dist. Thane, State Maharashtra, Pin-400605. Contact No.7304828435 ...Applicant V/s. Yusuf Sardar Shaikh Address :- Amar Jyoti Chawl,…

Read Full Order
Interim Order 1Full order available
09 Jan 2023

Order Details: Order on Exh. Pdf Text: ORDER BELOW EX.2 IN MACP NO.06 OF 2021 1. Heard both sides. Perused the application, written statement of insurer Exh.14 and the entire record. 2. If permanent disablement of any person is resulted from an accident arising out of use of the vehicle, then such victim/claimant, without pleading neglect or default of anybody, can get compensation under section 140 of Motor Vehicles Act, 1988 from the owner and insurer. 3. While granting such…

Read Full Order
Order 1Full order available
09 Jan 2023

Order Details: Order on Exh. Pdf Text: ORDER BELOW EX.2 IN MACP NO.06 OF 2021 1. Heard both sides. Perused the application, written statement of insurer Exh.14 and the entire record. 2. If permanent disablement of any person is resulted from an accident arising out of use of the vehicle, then such victim/claimant, without pleading neglect or default of anybody, can get compensation under section 140 of Motor Vehicles Act, 1988 from the owner and insurer. 3. While granting such…

Read Full Order

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