Bombay High Court
NEW INDIA INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABADversusSUSHMA DEVANAND PANDE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The court disposed of the first appeals and pending civil applications on account of the appellant's withdrawal and acceptance of the tribunal awards.
Summary
The New India Assurance Co. Ltd., as appellant, filed first appeals and civil applications challenging awards passed by Motor Accident Claims Tribunals in Osmanabad, Ahmednagar and Beed. The Special Lok Adalat, constituted under Section 19 of the Legal Services Authorities Act, 1987, heard the matters on 29 March 2026. The appellant submitted withdrawal purses and an authority letter, indicating acceptance of the tribunal awards and that compensation amounts had already been deposited with the court registry. The court condoned the delay in filing the appeals and, on the basis of the withdrawal, ordered the disposal of all first appeals and any pending civil applications. It directed that the awards be drawn up, the claimants be informed of the withdrawal, and court fees be refunded as per law.
Issues considered
- Whether the delay in filing the first appeals can be condoned.
- Whether the withdrawal of the appeals and acceptance of tribunal awards warrants disposal of the appeals and related civil applications.
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- Motor Accident Claims Tribunal
- insurance compensation
- condonation of delay
- court fee refund
Judgment
2026:BHC-AUG:15647
1 10-FA-3305-16.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)
…
10 FIRST APPEAL NO. 3305 OF 2016
WITH CIVIL APPLICATION NO. 12676 OF 2015 IN FA/3305/2016
(OSMANABAD)
THE NEW INDIA ASSURANCE CO. LTD. THR ITS MANAGER (LEGAL HUB)
SHARDA ASHOK MANDWEKAR
VERSUS
SAVITA VIJAY PAWAR AND OTHERS
...
40 CIVIL APPLICATION NO. 10147 OF 2017 IN FAST/25500/2017
(AHMEDNAGAR)
NEW INDIA INSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABAD
VERSUS
SUSHMA DEVANAND PANDE AND OTHERS
…
41 CIVIL APPLICATION NO. 12969 OF 2017 IN FAST/33214/2017
(BEED)
THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED
SIGNATORY SURYAKANT S MAKHARE
VERSUS
SINDHU DASHRATH PARDESHI AND OTHERS
...
Advocate for Appellant/Appellant-insurance company : Mr. M. M. Ambhore
...
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. Heard. Delay caused in filing first appeal is condoned. Civil
applications for delay stand disposed of.
2 10-FA-3305-16.odt
2. Learned Advocate Mr. M. M. Ambhore for the appellant/applicant-
insurance company along with Mr. Dinesh Bankar, Mr. Shankar Sangle and
Mr. Sandesh Kamlakar, respective authorised signatories of the appellant-
Insurance company, are present.
3. The appellant-Insurance Company has placed on record withdrawal
pursis as well as 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, in each matter.
4. The appellant has accepted the awards passed by the concerned Motor
Accident Claims Tribunal, Osmanabad, Ahmednagar, Beed, in all these
Motor Accident Claims Petitions, respectively.
5. 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 directions
of the concerned Tribunal, without further reference to the order of this
Court.
6. In view of the withdrawal pursis, all these First Appeals stand
disposed of. Pending Civil Application/s, if any, also stand disposed of.
7. The award be drawn up accordingly.
8. The appellant-Insurance Company undertakes to communicate the
withdrawal of First Appeals to the claimants and their Advocate.
9. 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
rrd/ysk
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