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MACP - Motor Accident Claim Petition

Sanjay Biharilal Kanojia And Ors 2VsSantosh Raghu Walunj And Bajaj Gen. Ins. Co. Ltd. +1 more

CNR MHMT0100228120227-H. H. Member
Fort, Motor Accident Claims Tribunal
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Lok Nyayalay
Decision Date: 28th September 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
1494/2022
Registration Date
24 Nov 2022

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
MOTOR VEHICLES ACT · Sec 140fatl · 166

Case History / Proceedings

Case History
Date: 28-11-2022
Business: Ex-1 to Ex.9 alreay main application
order passed below ex-1
issue notice to other side
for service
Next Purpose: NOTICE UNREADY
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: None present
Exh. 10 Opp RPAD notice on 22/12/22 absent
Exh. 11 Ins co. Served notice on 5/12/22 as per Balife report
Exh. 12 Adv. H.C. Thanawala filed by V.N  permited
Exh. 13 Memo of Address filed by Ins co.
Exh. 14 Applicantion for Adj. to filing W.S by Ins co. granted
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: None present as last chance
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: both adv. are present
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Applicant Adv. are present
Insurance Adv. Absent
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: None for applicant
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: On request on Ins. Co. Adv.
Adj. for Reply
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: None for Applicant
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Exh. 14 application for 170 leave to defend
Exh. 15 W. S.
Heard Parties Adv on NFL Application
Order passed below Exh. 2.
Application is allowed for Rs. 50000/-
Application U/s 140 is Disposed off
Next Purpose: For ISSUES
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Exh. 16 Issues Framed Today
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: H H Member is on Training
I/c Member Shri Agrawal C R 8
Board Discharged
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: None for Applicant
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Exh. 17 Permission to filed list of Document
Exh. 18 List of document
Exh. 19 Affidavit in Evidence of A. W. 1
Next Purpose: PART HEARD
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: H.H.Member is on leave
Next Purpose: PART HEARD
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: On Request of Applicant Adv.
Next Purpose: PART HEARD
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: H.H.Member is on leave
Next Purpose: PART HEARD
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: A. W. 1
Further Examination in Chief by Adv. S. S. Shroff for Applicant
Exh. 20 FIR
Exh. 21 Registration of unnatural Death
Exh. 22 Statement
Exh. 23 General Diary Details
Exh. 24 Spot Panchanama
Exh. 25 Inquest panchanama
Exh. 26 Arrest form
Exh. 27 Report of Death MCGM
Exh. 28 Cause Death certificate
Exh. 29 Copy of Policy
Exh. 30 Permit
Exh. 31 RC Book
Exh. 32 Document of A fending Vehicle
Exh. 33 DL
Exh. 34 Adhar Card of Sanjay Kanojiya
Exh. 35 Adhar Card of Meet Sanjay Kanojiya
Exh. 36 Adhar card of lavanya Sanjay Kanojiya
Exh. 37 Bank of Pass Book
Opp. party absent
Cross Examination in chief by ADv. H. Thanawala for Ins. co
No. Re. Examination is Nil
Exh. 38 Closing pursis for closing Evidence of applicant
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Applicant absent
Adv for applicant present
Opp party absent
Ins co present
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Applicant absent
Adv for applicant present and
Exh-39 file Application permission to file list of Document
Exh-40 File List of Document
Opp party absent
Ins co present
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Applicant Absent
Adv for Applicant Present and
Exh-66 file Lok Nayalaya Joint Pursis
Opp Party Absent
Ins co Present
Next Purpose: LOK-NYALAYA
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Settled before L.N.
Nature Of Disposal: Lok Nyayalay
Disposal Date: 28-09-2024

Additional Case Details

Additional Case Details
Filing Number: 2210/2022
Filing Date: 14-11-2022
First Hearing Date: 28th November 2022
Decision Date: 28th September 2024
Court Number And Judge: 7-H. H. Member

Orders

3
Final Order 2Full order available
28 Sept 2024

Order Details: Copy of Loknyayalay Order Pdf Text: BEFORE NATIONAL LOK ADALAT, MACT, MUMBAI MACP No. 1494 OF 2022 (C.R.No. 7) AWARD Date : 28/09/2024 The matter is amicably settled between the parties for Rs.19,50,000/- (Rs. Nineteen Lakh Fifty Thousand only) inclusive of NFL u/S.140 of M.V. Act, if any. Insurer shall credit the aforesaid amount through NEFT/RTGS only in the bank account of this Tribunal within 4 weeks from today, failing which the amount shall carry interest @ 7.5%…

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Interim Order 1Full order available
12 Jul 2023

Order Details: Order on Exh. Pdf Text: :1: BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUMBAI ORDER BELOW EXH.2 In MACP No. 1494 of 2022 1. The applicants sought interim relief u/S. 140 of Motor Vehicles Act, 1988 on account of death of deceased – Jyoti Sanjay Kanojiya was caused due to injuries sustained by him in the motor vehicular accident on 25-10-2022 arising out of use of Motor Truck No. MH-04-KU-9965 owned by opposite party No. 1 which was insured…

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Order 1Full order available
12 Jul 2023

Order Details: Order on Exh. Pdf Text: :1: BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUMBAI ORDER BELOW EXH.2 In MACP No. 1494 of 2022 1. The applicants sought interim relief u/S. 140 of Motor Vehicles Act, 1988 on account of death of deceased – Jyoti Sanjay Kanojiya was caused due to injuries sustained by him in the motor vehicular accident on 25-10-2022 arising out of use of Motor Truck No. MH-04-KU-9965 owned by opposite party No. 1 which was insured…

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