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MACP - Motor Accident Claim Petition

Nibhish Dilip KhatanharVsMunicipal Corporation Of Greater Mumba +1 more

CNR MHMT0100231020225-H. H. Member
Fort, Motor Accident Claims Tribunal
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--JUDGMENT
Decision Date: 20th December 2025

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
1497/2022
Registration Date
24 Nov 2022

Advocates

3

Parties

3

Acts & Sections

1
MOTOR VEHICLES ACT · Sec 140Injury · 166

Case History / Proceedings

Case History
Date: 28-11-2022
Business: Exh. 1 Application for U/s.166 of M.V.Act.
       with Photo Certificate affixed by Applicant.
Exh. 2 Application for U/s.140 of M.V.Act.
Exh. 3 Applicatio for engage Advocate.
Exh. 4 Vakalatnama of Behalf of Applicants Advocate.
Exh. 5 Memo of Address.
Exh. 6 Affidavit of No Double Filing.
Exh. 7 List of Documents.
Court fees already paid.
Hence matter place before court for order.
Order passed below Exh. 1
Issue notice to Opposite Party and Insurance Company.
Adjourned for service.
Next Purpose: NOTICE READY
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Exh. 8 Opp. Party Served by RPAD.
Exh. 9 Adv. Rajashri Valvi files V. N. on b/f of Opp. Party.
Next Purpose: DOCUMENTS
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. for Opp. Party present
Adj. for Documents
Next Purpose: DOCUMENTS
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: On Request of Applicant Adv.
Next Purpose: DOCUMENTS
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: H H Member on Leave
Next Purpose: DOCUMENTS
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Exh. 40 Files Add. List of Documents on behalf of applicant.
Exh. 12 Files Say and Written Statements on behalf of Opp. Party.
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Adv. for Opp. Party present
Adj. for NFL Hearing
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: On Request of Applicant Adv.
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Adv. for Opp. party Present
Exh. 12 Application for Amendment on b/o of applicant
Exh. 13 Affidavit for Amendment
Say Given by Opp. party On Exh. 12
Order passed Bellow Exh. 12 Application is allowed
Next Purpose: 140 HEARING ON NFL APPLN
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Amendment carried out today on Exh. 1.
Adj. for Amendment service
Next Purpose: NOTICE READY
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Awaiting Insurance return of notice.
Next Purpose: NOTICE READY
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Adv. for Opp. party present
Exh. 14 Insurance Co. served with notice.
Exh. 15 Files V. N. on b/f of Insurance Co.
Exh. 16 Files Memo of Address
Exh. 17 Files an application for Adj. on b/f of Ins.
NFL application  Not Press by applicant Adv. Hence its disposed off.
Adj. for W. S.  on b/f of Insurer.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: on request
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Adv. for Opp. Party present
Exh. 18 Files Written Statements on behalf of Insurance.
Next Purpose: For ISSUES
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Advt. for appln present
Advt. for Insurer present
Next Purpose: For ISSUES
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Applicant absent
Both advocate are present
Next Purpose: For ISSUES
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: Court busy in other matter.
Next Purpose: For ISSUES
Next Hearing Date: 27-09-2024

Date: 27-09-2024
Business: Stenographer is on leave.
Next Purpose: For ISSUES
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: Court busy in other matter.
Next Purpose: For ISSUES
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: H. H. Member is on Leave.
Next Purpose: For ISSUES
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: Exh. 19 Today Issue frame.
Next Purpose: LIST OF WITNESS
Next Hearing Date: 13-02-2025

Date: 13-02-2025
Business: None Present For Applicant.
Next Purpose: LIST OF WITNESS
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: Exh. 20 List of Documents
Exh. 21 Affidavit of evidence in AW 1
Next Purpose: PART HEARD
Next Hearing Date: 03-04-2025

Date: 03-04-2025
Business: Adv. for Opp. Party present
On Request of Applicant Adv.
Next Purpose: PART HEARD
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Exh. 21 An Affidavit of evidence in AW 1
Further Examination in chief by Shri. R B Pawar Adv. for Applicant.
Exh. 23 Copy of FIR
Exh. 24 Original hospital paper of KEM hospital
Exh. 25 RTO Certificate issued by RTO Mumbai Central
Exh. 26 C. T. Report and X-ray of left foot
Exh. 27 Colly Original bills of Rs. 16,862/-
Cross Examination chief by Smt. Smita Charatkar Adv. for Opp. Party.
Cross Examination chief by Smt. A K Sawant Adv. for Insurer.
No Re Examination
Exh. 28 Issue Witness Summons to Income Tax Dept. Mumbai.
Adj. for Def. Evi.
Next Purpose: PART HEARD
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: EXH. 29 summons served though bailiff
Witness is present
EXH. 30 List of documents filed by applicant
EXH. 31 AW 2 Affidavit in evidence filed by applicant
Further Examination chief  by adv R. B. Pawar for applicant
EXH. 32 Authority letter of witness
EXH. 33 Colly. income tax return for the F. Y. 2020 - 2021, 2021 - 2022, 2022 - 2023
EXH. 34 Certificate U/S 163 of BSA
Cross Examination by both opp. Parties
Re - Examination Nil
Reason For Adjournment: On oral request of Applicant Adv.
Next Purpose: PART HEARD
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: Exh. 35 Affidavit of evidence in AW 3
Further Examination in chief by Shri. Dalavi Adv. for Applicant.
Exh. 36 Disability Certificate
Cross Examination chief by Smt. Charatkar Adv. for Opp. Party.
Cross Examination chief by Smt. A K Sawant Adv. for Insurer.
No Re Examination
Adj. for further Evi. of applicant.
Next Purpose: PART HEARD
Next Hearing Date: 04-07-2025

Date: 04-07-2025

Date: 28-07-2025
Business: Applicant absent
Next Purpose: PART HEARD
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: Exh. 38 Application for extention of commision report on b/f of applicant. O S to Say
Say given by Opp. Party and Insurer Adv. on Exh. 38
Order passed below Exh. 38
The Application is granted.
Next Purpose: PART HEARD
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: Exh. 39 application for Extention of Commisison fixed on b/f of applicant.
O- O. S. to Say
Adj. for Say on Exh. 39
Next Purpose: PART HEARD
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: Exh. 40 Commissioner report. O- Filed
Exh. 41 AW 4
Exh. 42
Exh. 43 Files closing pursis for closing evidence on b/f Applicant.
Adj. for Def. Evi.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: On Request of Opp. Party Adv.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 27-11-2025

Date: 27-11-2025
Business: On Request of Both parties Adv.
Next Purpose: DEFENCE EVIDENCE
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: Exh. 44 Additional List of Documents
Exh. 45 Affidavit of evidence in OW 1
Further Examination in chief by Smt. Smita Charatkar Adv. for Opp. Party.
Exh. 46 True copy of tender along with copy of contract with M/s. Aryan Pumps and Enviro Solution Pvt. Ltd.
Cross Examination chief by Smt. A K Sawant Adv. for Insurer.
Cross Examination chief by Shri. R B Pawar Adv. for Applicant.
No Re Examination
Exh. 47 Files closing pursis for closing evidence on b/f Opp. Party.
Exh. 48 Files closing pursis for closing evidence on b/f Ins. Co.
Adj. for Arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: Exh. 49 Files Written arguments on behalf of applicant.
Heard Oral Arguments on b/f of parties Advs.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: Adj. For Further Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2025

Date: 20-12-2025
Business: Heard further arguments on behalf of parties Advs.
Exh. 50 Judgment and Order dictated and pronounced. The claim application is partly allowed and disposed by Judgment.
The claim proceeding is  finally closed.
Exh. 51 Award and Bill of Costs
               Certificate
All the court fees stamps have been punched and dully cancelled.
Paper are kept in proper filed.
Nature Of Disposal: JUDGMENT
Disposal Date: 20-12-2025

Additional Case Details

Additional Case Details
Filing Number: 2223/2022
Filing Date: 16-11-2022
First Hearing Date: 28th November 2022
Decision Date: 20th December 2025
Court Number And Judge: 5-H. H. Member

Orders

1
Final Order 1Full order available
20 Dec 2025

Order Details: Copy of Judgment Pdf Text: -1- Judgment in MACP No.1497/2022 Presented on : 16.11.2022 Decided on : 20.12.2025. Duration : 3-Yrs., 1M, 04-Ds. BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MUMBAI. (Presided Over by R. R. Patwari, Member.) APPLICATION NO.1497 OF 2019 EXH. Mr.Nibhish Dilip Khatanhar, Aged26 years, Residing at 47/B, CGS Colony, Wadala West, Mumbai 400 031, Contact No.9137562995 …CLAIMANT. VERSUS Municipal Corporation of Greater Mumbai Executive Engineer MECH [M.A.] City 2nd floor, Sewerage Workshop, Bldg.No.121, Ramchandra Bhatt…

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