Bombay High Court
THE NEW INDIA ASSURANCE CO. LTD.versusKARBHARI BABURAO GAADAWE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The Court held that, upon the insurer’s withdrawal of the appeals and acceptance of the Motor Accident Claims Tribunal awards, the first appeals and any pending civil applications stand disposed, and claimants may withdraw the deposited compensation with interest.
Summary
The Special Lok Adalat of the Aurangabad Bench of the High Court heard a batch of first appeals filed by New India Assurance Co. Ltd. against various claimants in motor accident claim matters. The insurer sought condonation of delay in filing the appeals and submitted withdrawal letters authorising the court to dismiss the appeals. The Court accepted the insurer’s withdrawal, noted that the compensation amounts had already been deposited with the Registry, and directed that claimants could withdraw the amounts with accrued interest. Consequently, the Court ordered that all the first appeals and any pending civil applications be disposed of. The insurer was also directed to process refund of court fees and communicate the withdrawal to the claimants and their counsel.
Issues considered
- Whether the delay in filing the first appeals can be condoned.
- Whether the insurer’s withdrawal of the appeals can lead to disposal of the appeals without further hearing.
- Whether claimants are entitled to withdraw deposited compensation with interest following the insurer’s withdrawal.
Legislation cited
Subjects
- Motor Accident Claims Tribunal
- withdrawal of appeal
- condonation of delay
- insurance compensation
- court fee refund
- Special Lok Adalat
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:15631
1 9-FA-2607-15.odt
BEFORE THE SPECIAL LOK ADALAT
AT HIGH COURT OF BOMBAY BENCH AT AURANGABAD
HELD ON 29th MARCH, 2026
Organized by High Court Legal Services Sub-Committee, Aurangabad
under section 19, of the Legal Services Authorities Act, 1987 (Central Act)
…
9 FIRST APPEAL NO. 2607 OF 2015
NEW INDIA ASSURANCE COMPANY LIMITED
VERSUS
SINDHU RAOSAHEB JONDHALE AND ANOTHER
...
WITH FIRST APPEAL NO. 834 OF 2014
NEW INDIA ASSURANCE COMPANY LIMITED
VERSUS
RANJANA VILAS WAGHMARE AND ANOTHER
...
12 FIRST APPEAL NO. 156 OF 2017
WITH CIVIL APPLICATION NO. 10000 OF 2008 IN FA/156/2017
THE NEW INDIA ASSURANCE CO. LIMITED.
VERSUS
KARBHARI BABURAO GAADAWE AND OTHERS
…
16 FIRST APPEAL NO. 393 OF 2019
THE NEW INDIA ASSURANCE CO. LIMITED., THR ITS SR. DIV. MANAGER, AURANGABAD
VERSUS
KANTABAI BHAGWAN PALASPAGAR AND OTHERS
…
19 FIRST APPEAL NO. 2115 OF 2019
THE NEW INDIA ASSURANCE CO. LIMITED. THROUGH ITS IN-CHARGE
(LEGAL HUB) RAVIKANT RAJENDRA YADAV
VERSUS
CHHAYA SUKHDEO WAGH AND OTHERS
…
27 FIRST APPEAL NO. 614 OF 2025
THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS
ASSURANCE COMPANY LIMITED
VERSUS
CHAYA DIPAK KATARI AND ASOTHER
2 9-FA-2607-15.odt
…
28 FIRST APPEAL NO. 628 OF 2025
WITH CIVIL APPLICATION NO. 8794 OF 2024 IN FA/628/2025
THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS
ASSURANCE CO LIMITED
VERSUS
SOJAR NANA KATARI AND OTHERS
…
29 FIRST APPEAL NO. 782 OF 2025
THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS
ASSURANCE CO LIMITED
VERSUS
DURGABAI ASHOK SHINDE AND OTHERS
…
43 CIVIL APPLICATION NO. 469 OF 2018 IN FAST/215/2018
WITH CIVIL APPLICATION NO. 470 OF 2018 IN FAST/215/2018
NEW INDIA INSURANCE CO. LIMITED., THROUGH ITS
DIV. MANAGER, AURANGABAD
VERSUS
BABANOTHERAO BALAJI RAUT AND OTHERS
...
45 CIVIL APPLICATION NO. 12323 OF 2018 IN FAST/29231/2018
WITH CIVIL APPLICATION NO. 12324 OF 2018 IN FAST/29231/2018
THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LIMITED.,
AURANGABAD
VERSUS
SAKHARBAI LAXMAN KUSALKAR AND OTHERS
...
46 CIVIL APPLICATION NO. 13342 OF 2024 IN FA/2149/2022
MAHADEV SHRIMANT GARAD
VERSUS
THE NEW INDIA ASSURANCE CO LIMITED, AURANGABAD AND OTHERS
...
WITH FIRST APPEAL NO. 2149 OF 2022
THE NEW INDIA ASSURANCE CO. LIMITED., AURANGABAD
VERSUS
PRIYA RAHUL GAIKWAD
...
3 9-FA-2607-15.odt
FIRST APPEAL NO.615 OF 2025
THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS
ASSURANCE COMPANY LTD
VERSUS
SHAKILABAI HARSING KATARI AND ANOTHER
…
Advocate for Appellant-Insurance company : Mr. Shrikrishna R. Bodade
...
HON’BLE SHRI JUSTICE SANDIPKUMAR C. MORE
(Head of the Panel)
SHRI. S. G. SHETE
(Retd. District Judge)
SHRI. A. M. PHULE (Advocate)
(Member)
...
ORDER
1. Not on board. First Appeal No.615 of 2025 is taken on board.
2. Heard. Delay caused in filing appeal is condoned. Civil Applications
for delay also stand/s disposed of.
3. Learned Advocate Mr. S. R. Bodade for the appellant and Mr.Sandesh
Kamalakar, Mr. Shankar Sangale and Mr. Dinesh Bankar, authorised
signatories of the appellant-Insurance company, are present.
4. The appellant-Insurance Company has placed on record withdrawal
pursis and Authority Letter dated 25.03.2026 in the name of aforesaid
respective authorized signatories in each matter. The same are taken on
record and marked as Exhibit ‘X’ and ‘X-1’, for identification, in each matter.
5. The appellant has accepted the awards passed by the concerned Motor
Accident Claims Tribunals, in all these Motor Accident Claim Petitions.
4 9-FA-2607-15.odt
6. Learned Advocate for the appellant submitted that the amounts of
compensation have been deposited with the Registry of this Court. As such,
the respective claimants are permitted to withdraw the amounts of
compensation along with accrued interest thereon till date as per the
directions of the concerned Tribunal without further reference to the order
of this Court.
7. The award be drawn up accordingly.
8. In view of the withdrawal pursis, all these First Appeals stand
disposed of. Pending Civil Application/s, if any, also stand/s disposed of.
9. The appellant-Insurance Company undertakes to communicate the
withdrawal of First Appeals to the claimants and their Advocate.
10. In all these matters, the request of refund of court fees shall be
processed by the office in accordance with law.
(A. M. PHULE) (S. G. SHETE) (SANDIPKUMAR C. MORE, J.)
MEMBER RETD. DISTRICT JUDGE HEAD OF THE PANEL
Date: 29.03.2026
Place: Aurangabad
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