Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD. THR ITS MANAGER (LEGAL HUB) SHARDA ASHOK MANDWEKARversusSAVITA VIJAY PAWAR AND OTHERS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The Special Lok Adalat disposed of the first appeals and any pending civil applications upon the insurer's withdrawal of the appeals.

Summary

The New India Assurance Co. Ltd., through its authorized signatories, filed first appeals and civil applications challenging awards passed by Motor Accident Claims Tribunals in Osmanabad, Ahmednagar and Beed. The insurer later submitted withdrawal letters and an authority letter dated 25.03.2026, indicating acceptance of the tribunal awards and that compensation amounts had been deposited with the court registry. The Special Lok Adalat, after condoning the delay in filing the appeals, considered the withdrawal requests and the deposited compensation. It held that, in view of the withdrawals, the first appeals and any pending civil applications should be disposed of without further adjudication. The court directed that the awards be drawn up, the claimants be allowed to withdraw the compensation with interest, and that court fee refunds be processed as per law.

Issues considered

Whether a first appeal can be withdrawn after the appellant has accepted the award of the Motor Accident Claims Tribunal
Whether pending civil applications related to the same matters can be disposed of upon such withdrawal

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Lok Adalat
Motor Accident Claims
First Appeal
Withdrawal of Appeal
Compensation
Legal Services Authorities Act
Court fee refund

Judgment

2026:BHC-AUG:15646

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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