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MACP - Motor Accident Claim Petition

Nikita Somnath Pawar and ors 4VsLahu Laxman Popalkar and Cholamandalam Ms Gen. Ins. Co. Ltd +1 more

CNR MHMT0100175920194-H. H. Member
Fort, Motor Accident Claims Tribunal
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
1773/2019
Registration Date
22 Nov 2019
Next Hearing Date
12 Oct 2026
Case Stage
ARGUMENTS

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
MOTOR VEHICLES ACT · Sec 140Fatal · 166Minor

Case History / Proceedings

Case History
Date: 26-11-2019
Next Purpose: NOTICE UNREADY
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Next Purpose: NOTICE UNREADY
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: NOTICE UNREADY
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Next Purpose: NOTICE UNREADY
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Next Purpose: NOTICE UNREADY
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Next Purpose: NOTICE UNREADY
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Next Purpose: NOTICE UNREADY
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Next Purpose: NOTICE UNREADY
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Next Purpose: NOTICE UNREADY
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Next Purpose: STEPS UNREADY
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Next Purpose: STEPS UNREADY
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Next Purpose: STEPS UNREADY
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Next Purpose: STEPS UNREADY
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Next Purpose: STEPS UNREADY
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 08-04-2022

Date: 08-04-2022
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: 20-06-2022

Date: 20-06-2022
Business: Parties Absent
Order passed below Exh.2
1. Application is Allowed
2. Opp Party and insurer are directed to pay jointly and severally interim compensation of Rs.50000/- to the applicant no. 1 Widow by NEFT/ RTGS
Next Purpose: OFFICE OBJECTION
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Applicant Advocate Absent
Insurance Advocate Present
Next Purpose: OFFICE OBJECTION
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Applicant absent.
Next Purpose: OFFICE OBJECTION
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Applicant absent.
Adv.Phadtare A.M. for ins.co. absent.
Reason For Adjournment: On oral request of Applicant Adv.
Next Purpose: For ISSUES
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Applicant absent
Next Purpose: For ISSUES
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: H.H.Member is on Leave.Hence board discharge.
For depositing of court fees.
Next Purpose: For ISSUES
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: None present
Next Purpose: For ISSUES
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Applicant absent
Exh.15 - Issued framed today
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: H.H.Member is on leave. Hence, placed before I/c.Member Shri S.B.Munde, C.R.4
Applicant absent
Exh.16 - Affidavit of Evidence of the applicant Mrs.Nilita Somnath Pawar, filed by Adv.S.S.Shroff for applicant
O – R&R
Exh.17 - List of document.
O – Filed.
Reason For Adjournment: By concent of both Advocates
Next Purpose: PART HEARD
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Applicant absent.
Reason For Adjournment: On oral request of Applicant Adv.
Next Purpose: PART HEARD
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Applicant absent.
Reason For Adjournment: On oral request of Applicant Adv.
Next Purpose: PART HEARD
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: AW1
Below Exh.16
ON SOLEMN AFFIRMATION :
Further Examination-in-chief by Adv.S.S.Shroff for the Applicant.
Exh.18 -  Certified copies of FIR.
Exh.19 - Report of constable
Exh.20 - statement.
Exh.21 - Copy of Spot Panchnama.
Exh.22 - Inquest panchnama
Exh.23 - P.M. report.
Opp.party Ex-parte
Cross examination by Adv.A.M.Phadtare, for Insurer.
No Re-examination.
Reason For Adjournment: By concent of both Advocates
Next Purpose: PART HEARD
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Exh.25 - Adv.S.S.Shroff present and files an application for permission to file addl. list of documents for applicant
O - Only production allowed
Exh.26 - List of documents.
O - Filed.
Reason For Adjournment: On oral request of Applicant Adv.
Next Purpose: PART HEARD
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: Applicant & Advocate absent.
Reason For Adjournment: On oral request of Ins. Advocate
Next Purpose: PART HEARD
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: Applicant absent
Reason For Adjournment: By concent of both Advocates
Next Purpose: PART HEARD
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: Applicant absent.
Exh.27 - Closing Pursis of Evidence filed by Applicant.
Order - Filed
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: Applicant absent.
Reason For Adjournment: By concent of both Advocates
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: Applicant & Advocate absent.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: Applicant absent
Reason For Adjournment: By concent of both Advocates
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 28-02-2025

Date: 28-02-2025
Business: Applicant absent.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 21-03-2025

Date: 21-03-2025

Date: 25-04-2025

Date: 05-05-2025
Business: None present.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: Applicant absent
Reason For Adjournment: By concent of both Advocates
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 11-07-2025

Date: 11-07-2025
Business: None present.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 01-08-2025

Date: 01-08-2025
Business: Court is vacant. Hence placed before I/c Member Smt. PATWARI R. R. C.R.No.4
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Applicant absent
Reason For Adjournment: On oral request of Applicant Adv.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: Claimant absent
Reason For Adjournment: Adjournment by consent
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: Claimant absent
Reason For Adjournment: On oral request of Applicant Adv.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: Claimant absent
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 05-12-2025

Date: 05-12-2025
Business: Claimant absent
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: Claimant absent
Insurer adv present and filed
Exh.28 Application for adjournment filed by Applicant
O- Claimant to say
Order below passed Exh. 28
O- say not filed adjournment granted
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: Claimant absent
Claimant  adv is present
Ins. adv. is present and filed by document
Witness is present
Exh. 29 Affidavit for Examination in chief
O- Read and recorded
Exh.30 Permission may kindly be granted to filed the list of document
O- Production allowed
Exh.31 List of Document
O-filed
Exh.32 True copy of cheque return memo
O-filed
Exh.33 Advised that the following cheque has been returned unpaid
Exh.34 True copy  chola MS Insurance Co.
Exh.35 True copy Cheque bounce sheet
Exh.36 True copy chola MS pocket copy
Exh.37 True copy chola MS acknowledgement
Exh.38 True copy chola  MS Ins. co.
Exh.39 True copy Cheque bounce sheet
Exh.40 True copy chola MS acknowledgement
Exh.41 True copy chola MS ins.co. to concern authorization copy
Exh.42 Pursis filed ins.adv
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: HH Member is on Leave
I/C Member of CR.No.5
Claimant absent
Ins. witness is present
Claimant adv is present
Ins. adv is present
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 24-04-2026

Date: 24-04-2026
Business: Staff on Strike
Claimant absent
Claimant adv. Present
Ins. Adv is present
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: Claimant absent
Claimant Adv. is present.
Ins. Adv. is present.
Witness is present
Further examination in chief for respondent no.2 by Adv. A. M. Phadtare on SA.
Cross examination for respondent no.1
Cross examination for Claimant  Adv. N. C. Seth h/f S. S. Shroff on SA
Cross  examination is over
Re-examination Nill
Exh. 43  Application for Permission to filed list of document
O-Claimant to say
Say filed by claimant
O. Production allowed
Exh. 44 List of document
O. File
Exh. 45 RTO office receipt
Exh. 46 Information of vehicle
Exh. 47 Application for RTI 2005 RTO Office
Order passed below Exh. 1
No evidence order passed against respondent no.1
Exh. 48 Closing pursis filed by ins.
O- File
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2026

Date: 29-07-2026
Business: Claimant absent.
Claimant adv is present
Ins. Adv. Is present
Stenographer is on leave. No substitute is given
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2026

Date: 17-08-2026
Business: H H Member is on Leave
In charge Member Court No.5
Claimant absent
Claimant adv is absent
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2026

Date: 31-08-2026
Business: Claimant absent
Claimant adv is present
Ins adv present
Exh-49 School Leaving certificate of Pawar Somnath Bibhishan
Exh-50 Policy of Cholamandalam MS Gen. Ins. co.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: Claimant absent
Claimant adv. is present
Ins. Adv is absent
Next Purpose: ARGUMENTS
Next Hearing Date: 17-09-2026

Date: 17-09-2026
Business: H.H.Member is on the Leave
IN charge Member Court No.5
Claimant absent
Claimant adv is Present
Next Purpose: ARGUMENTS
Next Hearing Date: 06-10-2026

Date: 06-10-2026
Business: Claimant Absent.
Claimant Adv. Present.
Adv. for Insurer Absent.
Exh. 51 Application for Adjournment filed by Claimant Adv.
O- Respondent to say.
O- say not filed. Adjournment is Granted.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-10-2026

Date: 07-10-2026
Business: Claimant Absent.
Adv. for Claimant Present.
Adv. for Insurer Present.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-10-2026

Additional Case Details

Additional Case Details
Filing Number: 1720/2019
Filing Date: 01-08-2019
First Hearing Date: 26th November 2019
Court Number And Judge: 4-H. H. Member

Orders

2
Interim Order 1Full order available
20 Jun 2022

Order Details: Order on Exh. Pdf Text: ORDER BELOW Exh.2 IN M.A.C.P. NO.1773 OF 2019 1. Read the application and say of insurer at Exh.13. The opposite party despite of service of notice remained absent and failed to contest the present application. Perused the record. 2. Contention of the claimants that Somnath Bibhishan Pawar died in vehicular accident dated 01.12.2018 due to wrongly parked of offending vehicle bearing No.MH-01-CR-5349 have been supported by the copy of FIR, Spot panchnama, inquest…

Read Full Order
Order 1Full order available
20 Jun 2022

Order Details: Order on Exh. Pdf Text: ORDER BELOW Exh.2 IN M.A.C.P. NO.1773 OF 2019 1. Read the application and say of insurer at Exh.13. The opposite party despite of service of notice remained absent and failed to contest the present application. Perused the record. 2. Contention of the claimants that Somnath Bibhishan Pawar died in vehicular accident dated 01.12.2018 due to wrongly parked of offending vehicle bearing No.MH-01-CR-5349 have been supported by the copy of FIR, Spot panchnama, inquest…

Read Full Order

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