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MACP - Motor Accident Claim Petition

Mohammad Ishaque ShaikhVsMateshwari Urban Transport And Oriental Gen. Ins. Co. Ltd +1 more

CNR MHMT0100301020246-H. H. Member
Fort, Motor Accident Claims Tribunal
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Lok Nyayalay
Decision Date: 12th September 2026

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
2287/2024
Registration Date
10 Dec 2024

Advocates

2

For Petitioner

For Respondent

Parties

3

Petitioner

  1. 1Mohammad Ishaque Shaikh

Respondent

  1. 1Mateshwari Urban Transport And Oriental Gen. Ins. Co. Ltd
  2. 2Oriental Ins. Co. Ltd.

Acts & Sections

1
MOTOR VEHICLES ACT · Sec 166 · injury

Case History / Proceedings

Case History
Date: 12-12-2024
Business: Exh.1 - Application for U/s. 166 of M.V. Act.
           With Photo Certificate affixed by Applicant.
Exh.2 - Application for engage of Advocates.
Exh.3 - Vakalatnama on behalf of Applicant\\\''s Advocate.
Exh. 4 Undertaking of filing
Exh. 5 Memo of Add
Exh. 6 Bank details
Exh. 7 -  List of Documents.
          Court fees already paid/Exemption already granted.
          Hence, matter place before court for order.
 Issue notice to Opposite party and Insurance Company.
For Service
Next Purpose: NOTICE UNREADY
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: Both parties absent
Adv. for applnt. absent
Exh. 8  Opp. served by RPAD
Exh. 9  Ins. Co. served
Next Purpose: For APPEARANCE of Parties/ Advocates
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: Applicant Absent
Adv for Applicant Present
Order below Exh-1
Record show that Exh-8 postal Acknowledgment notice served on opp no.1 and bailef report Exh-9 show notice duly served on insurer both are absent 90 days already laps hence case proceeded ex party
Next Purpose: Ex-Party Hearing
Next Hearing Date: 06-08-2025

Date: 06-08-2025
Business: Applicant Absent
Adv for Applicant Absent
Ins co Present and file
Exh-10 Application for Set Aside
Order Other side to Say
Next Purpose: SAY HEARING ON EXH.____READY
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: Applicant Absent
Adv for Applicant Present
Opp Party Absent
Adv for Ins co Present
For Order on Exh-10
Next Purpose: ORDER ON EXH._____READY
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: H.H.Member is On Leave
In charge Member Court No.3
Applicant Absent
Adv for Applicant Absent
Opp Party Absent
Adv for Ins co Absent
Next Purpose: ORDER ON EXH._____READY
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: Applicant Absent
Adv for Applicant Absent
Opp Party Absent
Adv for Ins co Present
order below Exh-10 and Exh-13
Application Exh-10 and Exh-13 are hereby allowed
Ex-party order dtd 23/06/2025 passed against the  insurer is hereby set aside
The insurer is granted with leave to defend
The Delay for failing Written Statement is hereby condoned
Tee Written Statement is taken on record
Exh-13 Leave to Defend
Exh-14 Written Statement
Next Purpose: For ISSUES
Next Hearing Date: 01-11-2025

Date: 01-11-2025
Business: Applicant Absent
Adv for Applicant Present
Opp Party Absent
Adv for Ins co Absent
Next Purpose: For ISSUES
Next Hearing Date: 29-11-2025

Date: 29-11-2025
Business: Applicant Absent
Adv for Applicant Absent
Opp Party Absent
Adv for Ins co Absent
Next Purpose: For ISSUES
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: Applicant absent.
Adv for applicant absent.
Opp.Party absent.
Ins.co absent.
Exh-15-Issues frame today
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Applicant absent.
Adv.for applicant absent.
Opp.Party absent.
Adv.for insurer absent.
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: Applicant is absent.
Advocate for the applicant is absent.
Advocate for the Insurer is absent.
For evidence of applicant.
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: Applicant and his advocate are absent.
Opp. party - Ex-parte.
Advocate for the Insurer is absent.
For evidence of the applicant.
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 02-09-2026

Date: 02-09-2026
Business: Applicant absent.
Advocate for the applicant is absent.
Advocate for the Insurer is absent.
For evidence of the applicant.
Next Purpose: RECORDING OF EVIDENCE
Next Hearing Date: 12-09-2026

Date: 12-09-2026
Business: Matter settled before lok adalat 12.09.2026
Exhibit : 	18	Authority letter of insurance company
Exhibit : 	19	Award of National Lok Adalat
Nature Of Disposal: Lok Nyayalay
Disposal Date: 12-09-2026

Additional Case Details

Additional Case Details
Filing Number: 2943/2024
Filing Date: 05-12-2024
First Hearing Date: 12th December 2024
Decision Date: 12th September 2026
Court Number And Judge: 6-H. H. Member

Orders

3
Final Order 2
12 Sept 2026
Order Details: Copy of Loknyayalay Order
Pdf Text: -- 1 of 2 --
-- 2 of 2 --
Interim Order 1
26 Sept 2025
Order Details: Order on Exh.
Pdf Text: ORDER BELOW EX.10 & 12 MACP No.2287 of 2024
The applications have been filed with prayer to set aside
‘Ex-parte order’ passed against the insurer on dtd.23/06/2025
and to grant leave to defend along with condonation of delay
for filing the written statement. The applicant having no
objection to allow the application.
2. Considering the nature and stage of the matter, there
would not be any prejudice to the applicant if the insurance
company is allowed to file WS and contest the matter on its
own merit. Therefore, following order is passed :
ORDER
1. Applications-Exh.10 & 12 are hereby allowed.
2. Ex-parte order dtd.23.06.2025 passed against the insurer
is hereby set aside.
3. The insurer is granted with leave to defend.
4. The Delay for filing written statement is hereby
condoned.
5. The Written Statement is taken on record.
(J. A. Pedgaonkar)
Member, C.R.No.6
Date : 26/09/2025 MACT, Mumbai
GDE
-- 1 of 1 --
Order 1
26 Sept 2025
Order Details: Order on Exh.
Pdf Text: ORDER BELOW EX.10 & 12 MACP No.2287 of 2024
The applications have been filed with prayer to set aside
‘Ex-parte order’ passed against the insurer on dtd.23/06/2025
and to grant leave to defend along with condonation of delay
for filing the written statement. The applicant having no
objection to allow the application.
2. Considering the nature and stage of the matter, there
would not be any prejudice to the applicant if the insurance
company is allowed to file WS and contest the matter on its
own merit. Therefore, following order is passed :
ORDER
1. Applications-Exh.10 & 12 are hereby allowed.
2. Ex-parte order dtd.23.06.2025 passed against the insurer
is hereby set aside.
3. The insurer is granted with leave to defend.
4. The Delay for filing written statement is hereby
condoned.
5. The Written Statement is taken on record.
(J. A. Pedgaonkar)
Member, C.R.No.6
Date : 26/09/2025 MACT, Mumbai
GDE
-- 1 of 1 --

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