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MACP - Motor Accident Claim Petition

Rushikesh Vitthal Kondhalkar And OrsVsChand Khaja Pasha And HDFC ERGO Gen. Ins. Co.ltd. +2 more

CNR MHMT0100238420227-H. H. Member
Fort, Motor Accident Claims Tribunal
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
1551/2022
Registration Date
05 Dec 2022
Next Hearing Date
24 Dec 2026
Case Stage
STAYED

Advocates

2

For Petitioner

For Respondent

Parties

4

Petitioner

  1. 1Rushikesh Vitthal Kondhalkar And Ors

Respondent

  1. 1Chand Khaja Pasha And HDFC ERGO Gen. Ins. Co.ltd.
  2. 2HDFC ERGO Gen. Ins. Co. Ltd.
  3. 3Akashdeep K Sarpal

Acts & Sections

1
MOTOR VEHICLES ACT · Sec 140Injury · 166

Case History / Proceedings

Case History
Date: 08-12-2022
Business: Applicant is absent
Advocate for applicant  present
Ex-1 Application U/s 166 of M.V. Act with Photo certificate
Ex-2 Application U/s 166 of M.V. Act with Photo certificate
Ex-3 Application is appoint a Legal Practitioner
Ex-4 Vakalatna on b/o applicant
Ex-5 Next friend has filed applicant and affidavit
Ex-6  Legal hairs undertaking not filed claim another court
Ex-7 Memorandum of address
Ex-8 Application for declaration
Ex-9 List of document
O- passed below ex-1
Issue notice today
for service to op and ins. co.
Next Purpose: NOTICE UNREADY
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Applicant present
Adv for Applicant present
Next Purpose: NOTICE UNREADY
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Applicant adv are absent
Next Purpose: NOTICE UNREADY
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Exh.10 Mrs. Alka Phadtare filed V. N. b/o of Ins/ Co
Exh. 11. Memo of address filed by Ins. co
Exh. 12 Amendment to add the party V. No. MH04 BK 4053
Exh. 13 Application for 170 leave to defend
filed filed by Ins.
Exh. 14 Written statement filed by Ins. Co
Exh. 15 Application for Publication by Applicant
Next Purpose: NOTICE UNREADY
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Exh. 15 Application for Publication filed by Applicant
Next Purpose: NOTICE UNREADY
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Adj. for Service on Opp. party by publication
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: None for Applicant
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: None for Applicant
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: None for Applicant
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: None for applicant
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: H.H.Member is on leave
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 12-07-2024

Date: 12-07-2024
Business: Exh. 16 Opp. party Served by way of publication
Exh. 17 Copy of News paper
Order passed below Exh. 2
Application U/s 140 along with main Application U/s 166
Application U/s 140 is disposed
Application U/s 166 Proceed
Next Purpose: For ISSUES
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Applicant absent
Order Passed Below Ex-1
O- Opp party Ex-parte
Adv for Applicant and Insurer  present.
Say on Ex-12 filed by adv. applicant
Order Exh-12 Rejected
Exh-16 Issues framed today
Next Purpose: LIST OF WITNESS
Next Hearing Date: 30-10-2024

Date: 30-10-2024
Business: Diwali vacation.
Next Purpose: LIST OF WITNESS
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: Applicant Absent
Adv for Applicant Present
Opp Party Absent
Adv for Ins co Absent
Next Purpose: LIST OF WITNESS
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: Applicant Absent
Adv for Applicant Present and file
Exh-17 List of Witness
Opp Party Absent
Adv for Ins co Absent
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: a
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: Applicant Absent
Adv for Applicant Absent
Opp Party Absent
Adv for Ins co Absent
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: Applicant absent
Reason For Adjournment: On oral request of Applicant Adv.
Next Purpose: RECORDING OF 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: RECORDING OF EVIDENCE
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: Applicant is present
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: Applicant is absent
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: Applicant absent
For filing evidence or for dismissal
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: Applicant absent Counsel present
Insurer Counsel Present
Exh. 18. Application for Amendment filed by adv for applicant
Exh. 19. Affidavit in support
Order pass below Exh. 35.
Application is allowed
The applicant is hereby directed to carry out necessary amendment and submit the amendment copy
After submission of amended copy by applicant issue notice to opp party no 2
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: Applicant absent counsel present
Insurer counsel present
Amendment plaint today
Exh. 20. Application for fresh service to Opp party No. 2
Adjournment for service
Next Purpose: STEPS READY
Next Hearing Date: 03-12-2025

Date: 03-12-2025
Business: Applicant absent counsel present
Insurer counsel absent
Exh. 21. Opp party no 2 packet return with remark left
Adjournment for taking steps to served opp party
Next Purpose: STEPS READY
Next Hearing Date: 20-12-2025

Date: 20-12-2025
Business: Applicant absent counsel present
Insurer counsel absent
Court is busy in judgement hence
steps not taking till today
Adjournment for taking steps to served opp party no 2
Next Purpose: STEPS READY
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: Applicant and counsel are present
Insurer counsel absent
Exh. 22. Application for publication
Exh. 23. Affidavit in support
Adjournment for publication
Next Purpose: PUBLIC NOTICE
Next Hearing Date: 11-02-2026

Date: 11-02-2026
Business: Applicant is present
Counsel for applicant is present
Counsel for ins co. is present
Exh. 23 Application for file publication
Exh. 24 News paper
Matter kept for further Recording of evidence
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 06-03-2026

Date: 06-03-2026
Business: Applicant and counsel are present
Insurer counsel present
Exh. 25. Affidavit in evidence A W 1 filed by adv for applicant
Exh. 26. List of document filed by adv for applicant
Next Purpose: PART HEARD
Next Hearing Date: 27-03-2026

Date: 27-03-2026
Business: H. H. Member is on leave I.C. CR. No.8
Applicant absent his counsel present
Insure is present
Next Purpose: PART HEARD
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: Applicant absent counsel present
Insurer counsel present
evidence not adduced today
Next Purpose: PART HEARD
Next Hearing Date: 12-06-2026

Date: 12-06-2026
Business: Both side present
Heard counsel
Order below Exh-01 applicant is directed to satisfy this court on the point of territorial jurisdiction
Case for hearing
Next Purpose: PART HEARD
Next Hearing Date: 17-07-2026

Date: 17-07-2026
Business: Applicant absent  counsel present
Insurer present
Order passed below Exh. 01 stayed on jurisdiction
Next Purpose: STAYED
Next Hearing Date: 29-08-2026

Date: 17-07-2026
Business: Applicant absent  counsel present
Insurer present
Order passed below Exh. 01 stayed on jurisdiction
Next Purpose: STAYED
Next Hearing Date: 29-08-2026

Date: 29-08-2026
Business: Applicant absent his counsel absent
Insurer absent
matter is stayed next date 24.12.2026
Next Purpose: STAYED
Next Hearing Date: 24-12-2026

Additional Case Details

Additional Case Details
Filing Number: 2296/2022
Filing Date: 25-11-2022
First Hearing Date: 08th December 2022
Court Number And Judge: 7-H. H. Member

Orders

8
Interim Order 5Full order available
17 Jul 2026

Order Details: Order on Exh. Pdf Text: MACP No. 1551/2022 Order Below Exh-01 CNR No MHMT01-002384-2022 1 Heard Counsel for applicant. Perusal of the pleadings of the applicants, it shows that, the applicants are resident of Kondhavale Gevarwadi post Vasole Tq-Wai Dist Satara The opposite party is resident of Bidar Karnatka State, the accident took place within jurisdictional of police station Khalapur Dist Raigarh. The applicants have submitted this claim application only on a ground that, insurance company having its…

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Interim Order 4
12 Jun 2026
Order Details: Order on Exh.
Pdf Text: MACP No.1551/2022 AW1 Exhi.25
Order below Exh-01
Heard Counsel for both side. Perusal of the pleadings of the
applicant, it shows that, the applicant is resident of Tq-Vai Dist
Satara, the accident took place at Khalapur Dist Raigad, the opposite
party is resident of Bidar Karnataka and New Mumbai. Ld counsel
for insurer orally replied that, their company having branch office at
Dist Raigad too. Considering these facts, the applicant is here by
directed to satisfy this court how this court having territorial
jurisdiction? both parties should remain present on 17th July for
argument.
(A. A. Ghaniwale)
Member C R No-7
Date : 12/06 /2026 MACT, Mumbai
-- 1 of 1 --
Interim Order 2Full order available
03 Oct 2025

Order Details: Order on Exh. Pdf Text: 1/2 MACP No.1551/2022 Exh.18 ORDER BELOW EXH.18 IN MACP No.1551 OF 2022 The counsel for applicant submitted this application for amendment of the plaint under Order-6 Rule-17 r/w Order-1 Rule-10 of CPC for addition of opposite party No.2. The applicant submitted that in the said accident, M/Eco Car bearing registration No.MH-04-BK-4053 is also involved. However, the owner of said car inadvertently not joined as a party in this proceeding. The said car gave…

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Interim Order 1Full order available
16 Aug 2024

Order Details: Order on Exh. Pdf Text: Order below Ex.12 in Application No.1551 OF 2022 The Insurance company has filed the present application contending that the applicant has falsely implicated the owner and insurer of vehicle No.KA-56-2799. In fact the accident occurred due to sole negligence of the driver of the car No.MH-04-BK-4053 and therefore prayed that for adding the owner and insurer of Car No.MH-04-BK- 4053 as necessary party. 2. The application is opposed by the applicant contending that…

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Order 5Full order available
17 Jul 2026

Order Details: Order on Exh. Pdf Text: MACP No. 1551/2022 Order Below Exh-01 CNR No MHMT01-002384-2022 1 Heard Counsel for applicant. Perusal of the pleadings of the applicants, it shows that, the applicants are resident of Kondhavale Gevarwadi post Vasole Tq-Wai Dist Satara The opposite party is resident of Bidar Karnatka State, the accident took place within jurisdictional of police station Khalapur Dist Raigarh. The applicants have submitted this claim application only on a ground that, insurance company having its…

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Order 4
12 Jun 2026
Order Details: Order on Exh.
Pdf Text: MACP No.1551/2022 AW1 Exhi.25
Order below Exh-01
Heard Counsel for both side. Perusal of the pleadings of the
applicant, it shows that, the applicant is resident of Tq-Vai Dist
Satara, the accident took place at Khalapur Dist Raigad, the opposite
party is resident of Bidar Karnataka and New Mumbai. Ld counsel
for insurer orally replied that, their company having branch office at
Dist Raigad too. Considering these facts, the applicant is here by
directed to satisfy this court how this court having territorial
jurisdiction? both parties should remain present on 17th July for
argument.
(A. A. Ghaniwale)
Member C R No-7
Date : 12/06 /2026 MACT, Mumbai
-- 1 of 1 --
Order 2Full order available
03 Oct 2025

Order Details: Order on Exh. Pdf Text: 1/2 MACP No.1551/2022 Exh.18 ORDER BELOW EXH.18 IN MACP No.1551 OF 2022 The counsel for applicant submitted this application for amendment of the plaint under Order-6 Rule-17 r/w Order-1 Rule-10 of CPC for addition of opposite party No.2. The applicant submitted that in the said accident, M/Eco Car bearing registration No.MH-04-BK-4053 is also involved. However, the owner of said car inadvertently not joined as a party in this proceeding. The said car gave…

Read Full Order
Order 1Full order available
16 Aug 2024

Order Details: Order on Exh. Pdf Text: Order below Ex.12 in Application No.1551 OF 2022 The Insurance company has filed the present application contending that the applicant has falsely implicated the owner and insurer of vehicle No.KA-56-2799. In fact the accident occurred due to sole negligence of the driver of the car No.MH-04-BK-4053 and therefore prayed that for adding the owner and insurer of Car No.MH-04-BK- 4053 as necessary party. 2. The application is opposed by the applicant contending that…

Read Full Order

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