Bombay High Court
NEW INDIA INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABADversusVENKATI DATTA WAGHMARE AND ANR
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of as withdrawn, and the award is to be executed in accordance with the Tribunal's apportionment.
Summary
New India Insurance Co. Ltd., the appellant, sought to withdraw its first appeal against the award of the Motor Accident Claims Tribunal, Nanded, in a motor accident claim. The appellant filed a withdrawal petition and submitted a letter of authority, indicating that the compensation amount had already been deposited with the court registry. The Special Lok Adalat, after condoning the delay in filing the appeal, accepted the withdrawal and ordered that the award be drawn up and the compensation, along with accrued interest, be released to the claimant. The court also directed that the appellant inform the claimant of the withdrawal and that any court fees be refunded. Consequently, the first appeal and any pending civil application were disposed of.
Issues considered
- Whether the delay in filing the appeal can be condoned under the Legal Services Authorities Act.
- Whether the appellant may withdraw its appeal after accepting the Tribunal's award.
- Whether the deposited compensation can be released to the claimant upon withdrawal of the appeal.
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- motor accident claim
- compensation
- court fees
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:15674
1 39-CA-10069-17.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)
…
CIVIL APPLICATION NO. 10069 OF 2017 IN FAST/24990/2017
NEW INDIA INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD
VERSUS
VENKATI DATTA WAGHMARE AND ANOTHER
...
Advocate for Applicant : Mr. Mohit R. Deshmukh
...
HON’BLE SHRI JUSTICE SANDEEPKUMAR C. MORE
(Head of the Panel)
SHRI. S. G. SHETE
(RETD. District Judge)
SHRI. A. M. PHULE (Advocate)
(Member)
...
ORDER
1. Heard. The delay caused in filing appeal stands condoned. The
appeal be registered forthwith. Civil Application No.10069 of 2017 stands
disposed of accordingly.
2. Learned Advocate Mr. M. R. Deshmukh for the appellant and
Mr.Sandesh Kamlakar, authorized signatory of the appellant-New India
Assurance Company, are present. The appellant-Insurance Company has
placed on record withdrawal pursis and authority Letter dated 25.03.2026
in the name of aforesaid authorized signatory. The same are taken on
record and marked as ‘X’ and ‘X-1’ for identification.
2 39-CA-10069-17.odt
3. The appellant has accepted the award passed by the Motor accident
claims Tribunal, Nanded, in Motor Accident Claim Petition No.290 of 2009.
4. Learned Advocate for the appellant submitted that the amount of
compensation has been deposited with the Registry of this Court and the
claimant is permitted to withdraw the same along with accrued interest
thereon till date as per the apportionment made by the concerned Tribunal.
The amount be paid to the claimant without further reference to the order of
this Court.
5. In view of the withdrawal pursis, First Appeal stands disposed of.
Pending Civil Application, if any, also stands disposed of.
6. The award be drawn up accordingly.
7. The appellant-Insurance Company undertakes to communicate the
withdrawal of First Appeal to the claimant and his Advocate.
8. 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
ysk/rrd
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