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MACP - Motor Accident Claim Petition

Bhagwani Durga Yadav and ors 4 +2 moreVsKarthikeyan S. Sengodan and New India Assu Co Ltd

CNR MHMT0100119920205-H. H. Member
Fort, Motor Accident Claims Tribunal
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--JUDGMENT
Decision Date: 03rd August 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
982/2020
Registration Date
22 Dec 2020

Advocates

2

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    MOTOR VEHICLES ACT · Sec 140Fatal · 166

    Case History / Proceedings

    Case History
    Date: 22-12-2020
    Next Purpose: NOTICE READY
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: None present for both sides.
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. for applicant present.
    Adv. for ins. co. absent.
    Awaiting return of notice of Opp. party.
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Awaiting return of notice to Opp. Party
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Awaiting Opp. Party return of notice.
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Awaiting Opp. Party return of notice.
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Awaiting Opp. Party return of notice.
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Awaiting Opp. Party return of notice.
    Next Purpose: RETURN OF NOTICE
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Exh. 12 Files an application for Track Report on b/f of applicant.
    Order passed below Exh. 1
    Opp.Party served by vide Exh. 12 through tracking report Opp. Party absent. Hence claim proceeds Ex-Parte  against him.
    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: 12-09-2023
    
    Date: 12-09-2023
    
    Date: 26-10-2023
    Business: Court busy in other matter.
    Next Purpose: For ISSUES
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: Exh. 13 Todays Issues framed.
    Next Purpose: LIST OF WITNESS
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: Exh. 14 List of Witness on b/f of applicant.
    Next Purpose: RECORDING OF EVIDENCE
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Exh. 15 Affidavit of evidence in AW 1
    Exh. 16 List of Documents
    Further Examination in chief by Shri. B R Nishad Adv. for Applicant.
    Exh. 17 Copy of FIR
    Exh. 18 Inquest Panchanama
    Exh. 19 Spot Panchnama
    Exh. 20 Copy of arrest/court surrender form
    Exh. 21 Charge Sheet
    Exh. 22 Cause of Death Certificate
    Exh. 23 P. M. Report
    Exh. 24 Copy of Insurance policy
    Exh. 25 Original Extract of driving licence and PAN Card of deceased
    Exh. 26 Colly Copy of Aadhar card of applicant No.1 to 5
    Exh. 27 Demand notice sent to Mr. Karthikeyan
    Exh. 28 Original chemist bills of Rs. 13886/-
    Opp. Party Ex- Parte
    Cross Examination chief by Shri. S V Gawai Adv. for Insurer.
    No Re Examination
    Exh. 29 Files closing pursis for closing evidence on b/f applicant.
    Adj. for Def. Evi.
    Next Purpose: DEFENCE EVIDENCE
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: Exh 30 Application for Witness Summon RTo Osmanabad
    Next Purpose: DEFENCE EVIDENCE
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Exh. 31 Issue Witness Summons to Dharashiv RTO.
    Next Purpose: DEFENCE EVIDENCE
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: Exh. 32 Issue Witness summons to RTO Solapur.
    Next Purpose: DEFENCE EVIDENCE
    Next Hearing Date: 01-04-2024
    
    Date: 01-04-2024
    Business: H. H. Member is on Leave.
    Next Purpose: DEFENCE EVIDENCE
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: On Request of Insurance Adv.
    Next Purpose: DEFENCE EVIDENCE
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: On Request of Insurance Adv.
    Next Purpose: DEFENCE EVIDENCE
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: Exh. 33 Notes of evidence in DW 1
    Exh. 34 Application for production of documents on b/f of Insurer. Allowed
    Exh. 35 Files List of Documents
    Examination in chief by Shri. S V Gawai Adv. for Insurer.
    Exh. 36 Extract of driving licence
    Opp. Party Ex- Parte
    Cross Examination chief by Shri. B R Nishad Adv. for Applicant.
    No Re Examination
    Exh. 37 Files closing pursis for closing evidence on b/f of Ins. Co.
    Heard oral argument on b/f of applicant.
    Adj. for further Argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: Exh. 38 Written Argument on b/f of Insurer.
    Exh. 39 List of Citation on b/f of Insurer.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: Adj. for Further Argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: Adj. for Further Argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Adj. for Further Argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: Adj. for Further Argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: On Request of Applicant Adv.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: Adj. for Further Arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: Adj. For Further Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: Adj. For Further Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Adj. For Further Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: Applicant present
    Both advocate are present
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: Heard further arguments on behalf of parties Advs.
    Exh. 40 Judgment and Order dictated and pronounced. The claim application is allowed and disposed by Judgment.
    The claim proceeding is  finally closed.
    Nature Of Disposal: JUDGMENT
    Disposal Date: 03-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 1325/2020
    Filing Date: 02-12-2020
    First Hearing Date: 22nd December 2020
    Decision Date: 03rd August 2024
    Court Number And Judge: 5-H. H. Member

    Orders

    3
    Final Order 2Full order available
    03 Aug 2024

    Order Details: Copy of Judgment Pdf Text: 1 Apln. No.982/2020[J] Presented on : 02.12.2020 Registered on : 22.12.2020 Decided on : 03.08.2024 Duration :3-Yrs.,7-Ms,11-Ds. BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUMBAI APPLICATION No.982 OF 2020 (Presided Over by S.B.Munde, MEMBER) Exh.40 1.Bhagwani Durga Yadav, Aged about 50 years, Widow of the deceased. 2.Sanjay Kumar Durgaprasad Yadav Aged about 31 years, Son of the deceased. 3.Govind Kumar Durgaprasad Yadav Aged about 26 years, Son of the deceased. 4.Furasat Bhaggu Yadav Aged…

    Read Full Order
    Interim Order 1Full order available
    20 Jun 2023

    Order Details: Order on Exh. Pdf Text: ORDER BELOW EX.2 IN MACP NO.982 OF 2020 1. Heard both sides. Perused the application, written statement of the insurer on Ex.10 and the entire record. 2. If death of any person has resulted from accident arising out of use of the vehicle, then claimants without pleading neglect or default of anybody can get compensation under section 140 of Motor Vehicles Act, 1988. 3. While granting such relief, it is to be seen…

    Read Full Order
    Order 1Full order available
    20 Jun 2023

    Order Details: Order on Exh. Pdf Text: ORDER BELOW EX.2 IN MACP NO.982 OF 2020 1. Heard both sides. Perused the application, written statement of the insurer on Ex.10 and the entire record. 2. If death of any person has resulted from accident arising out of use of the vehicle, then claimants without pleading neglect or default of anybody can get compensation under section 140 of Motor Vehicles Act, 1988. 3. While granting such relief, it is to be seen…

    Read Full Order

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