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MACP - Motor Accident Claim Petition

Swapnil Sham ShindeVsNaushad Ahmedf Siddique and The Oriental Ins. Co.Ltd. +1 more

CNR MHMT0100038120233-H. H. Member
Fort, Motor Accident Claims Tribunal
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Settlement
Decision Date: 23rd July 2026

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
220/2023
Registration Date
20 Feb 2023

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
MOTOR VEHICLES ACT · Sec 140Injury · 166

Case History / Proceedings

Case History
Date: 24-02-2023
Business: Exh. 1 to Exh. 8 already filed with main Application filed by Applicant
Order passed below Exh. 1
Issue notice to O.S U/s 140 and U/s 166
for Service
Next Purpose: NOTICE READY
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: None present
Exh. 10 Opp. RPAD notice sent but notice unserved return to Sender with postal remark insufficient Address.
Exh. 11 Ins co. notice served on 1/3/23 as per bailiff report. Ins co. absent
for Applicant take steps service on Opp.
Next Purpose: STEPS UNREADY
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Exh.12 Adv. S.Bhuptani V. N. Filed by Ins .co
Exh.13  Memo of address filed by ins.
Exh.14 Application for Adj. to filing reply and W.S. on next date  Granted
Next Purpose: RETURN OF NOTICE
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Both Adv. are present
Opp party on served
Exh. 14 Application for U/s 170 Leave to defend filed by ins. order Other side to say
Exh. 15 Written statement filed by ins. co. Order R and R.
For Applicant to take steps service on opp party
Next Purpose: STEPS UNREADY
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Exh. 16 Application for permission to received notice copy all group matter Order allowed.
Opp. party Notice copy received today Mr. Vikrant D. Haravale Authorized person hence, Opp. duly served
Next Purpose: DOCUMENTS
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: None present
Next Purpose: DOCUMENTS
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present
Next Purpose: DOCUMENTS
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: Applicant adv. present
applicant Adv. application U/s 140 is not pressed hence,
Order passed below Exh. 2
Application is disposed of as not pressed
Application U/s 166 proceed.
Next Purpose: For ISSUES
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: None present applicant
Exh. 17 Issues framing today
Matter ready to evidence
Next Purpose: LIST OF WITNESS
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: Non present applicant
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: In-charge H.H. Member C.R.No. 6
As per oral request of Adv.
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: Applicant absent
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: On oral request for App Adv
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: Adv for Applicant present and filed
Exh.18 Adjournment Application
Order
Perused application and record of the proceeding.
Heard. Ld Adv for Applicant.
Issues have been framed on 10.06.2024 at Exh.17. And matter has been fixed for recording of evidence of applicant.
	However, the applicant is desirous of setting the dispute and claim amicably is in talks with Opp Party and Insurer. In such circumstances matter adjourned for being referred to exploring possibilities of amicable settlement through mediation.
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 04-09-2025

Date: 04-09-2025
Business: Adv for applicant present
Adv for insurer absent
On oral request of Adj. on b/o applicant Adv.
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: Applicant Absent
Adv. for App. Present
Adv. for Ins.Present
Exh. 19 Application for Adjournment b/o App.Adv.
Order- Considering that the issues have been framed on 10/6/2024 at Exh. 17 and the attempt for amicable settlement through mediation has failed matter needs hearing for disposal matter is adjourn on request.
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: Applicant Absent
Adv. for App. Present
Adv. for Ins. Present.
Exh. 20 Mediation referral form
Next Purpose: Discussion
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: Applicant absent
Adv. for App. Absent
Adv. for Ins. Absent
Smt. Sarika Suryavanshi from Oriental Ins. Co. Present
Next Purpose: Discussion
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: Applicant Present
Adv. for Ins. Present
Adv. for App. Present
Exh. 21 Application for conversion of claim petition Sec 166 to Sec. 164
 Order- O.P. and insurer to submit Say
Case Adjourn for Say on Exh. 21
Next Purpose: Discussion
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: Applicant Absent
Adv. for App. Present
Adv. for Ins. is on leave
Adj. for Discussion
Next Purpose: Discussion
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: Applicant Absent
Adv. for App. Present
Adv. for Ins. Absent
Order Below Exh.21
No Say filed by Ins. Co. Considering that the applicant is destrious of waving right to claim compensation and is restricting the claim of U/s 164 of said act and if would not be prejudicial to the rights of the Insurer and OP to defend the request is accepted. Permission to amend the claim application is granted. Applicant shall carry out the amendment forthwith and supply copies of amended claim application to contesting adversaries and Tribunal.
Next Purpose: AMEND PLAINT
Next Hearing Date: 09-05-2026

Date: 09-05-2026
Business: Both parties are absent.
Matter not settled.
Next Purpose: AMEND PLAINT
Next Hearing Date: 16-07-2026

Date: 16-07-2026
Business: Applicant Present.
Adv. for Applicant Present and filed.
Exh. 21 Refferal order
Exh. 22 Authority letter of Insurer
Exh. 23 Consent terms
Order Applicant is Present with his Advocate and He admits the signatures and agrees the terms and condition of settlement. However Adv. S. Bhuptani for Insurer is not Present Hence, Keep for verification
Exh. 24  Mediation report
Next Purpose: VERIFICATION
Next Hearing Date: 22-07-2026

Date: 22-07-2026
Business: Applicant Absent
Adv. Bhagwan for Applicant Present
Adv. Bhuptany for Present as on Authorized Signatory for Insurer. She has signed Consent Terms before the Court and Agreed and Admitted the same. Hence, Read and Recorded.
Next Purpose: ORDER ON EXH._____READY
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: Applicant Absent
Adv. for App. Present.
Adv. for Ins. Present.
Order passed below Exh. 1
The matter was referred for mediation. Perused the report of Mediator Exh.24, Consent Terms Exh.23 and Authority Letter Exh.22 issued by the Insurer. The applicant and Insurer have settled the matter before the trained Judge Mediator on 16.07.2026. Authorised signatory and advocate Smt.Sapna Bhuptany for the insurer was not present on 16.07.2026. Therefore, the matter was adjourned for her verification of the Consent Terms on 22.07.2026. She appeared on 22.07.2026 and has admitted and agreed to the terms and conditions of the settlement and has signed the Consent Terms Exh.23. Both the parties admitted the contents of Consent Terms Exh.23 as true and correct.  Hence, I pass the following Award
AWARD
1 The application is allowed in terms of settlement Exh.23.
2 Claim is amicably settled for a full and final amount of Rs.80,000/- Rupees Eighty Thousand Only, inclusive of NFL, if any. The Insurer shall pay aforesaid amount to the applicant, within a period of six weeks from the date of this order, failing which the Insurer shall pay interest  7.5 percent  per annum from the date of order till realization.
3 The claim application is thus allowed in terms of Conset Terms at Exh.23. The insurer shall directly deposit  the amount of compensation of Rs.80,000/- inclusive of NFL, if any, in the Bank Account of the applicant,  within six weeks from the date of this order, failing which, the amount of compensation shall carry interest 7.5 percent p.a. till realisation.
4 The applicant shall produce the proofs of identity credentials and Bank Account maintained with nationalised bank of his chioce, within two weeks from the date of this order for enabling the insurer to pay the amount of compensation directly in his Bank Account.
5 The applicant shall pay the deficit court fees.
Nature Of Disposal: Settlement
Disposal Date: 23-07-2026

Additional Case Details

Additional Case Details
Filing Number: 356/2023
Filing Date: 10-02-2023
First Hearing Date: 24th February 2023
Decision Date: 23rd July 2026
Court Number And Judge: 3-H. H. Member

Orders

1
Final Order 1Full order available
23 Jul 2026

Order Details: Order on Exh. Pdf Text: MHMT010003812023 ORDER BELOW EX.1 IN MACP NO.220 OF 2023 The matter was referred for mediation. Perused the report of Mediator (Exh.24), Consent Terms (Exh.23) and Authority Letter (Exh.22) issued by the Insurer. The applicant and Insurer have settled the matter before the trained Judge Mediator on 16.07.2026. Authorised signatory and advocate Smt.Sapna Bhuptany for the insurer was not present on 16.07.2026. Therefore, the matter was adjourned for her verification of the Consent Terms…

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