Bombay High Court

THE ORIENTIAL INSURANCE CO LTD GULBARGA THROUGH THE BRANCH MANAGERversusVILAS RAMCHANDRA VIBHUTE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: LOK ADALAT

Holding

The appeal and any pending civil applications are disposed of upon the insurer’s withdrawal, and the award is to be drawn up accordingly.

Summary

The Special Lok Adalat of the High Court at Aurangabad heard an application by Oriental Insurance Co. Ltd. seeking to withdraw its first appeal against the award of the Motor Accident Claims Tribunal, Osmanabad. The Court condoned the delay in filing the appeal and formally registered it before noting the insurer’s withdrawal letter dated 27‑03‑2026. The insurer had already deposited the compensation amount with the Court, of which 75% had been withdrawn by the claimants, and sought to release the remaining balance with interest. The Court held that the withdrawal of the appeal and the accompanying withdrawal pursis disposed of the first appeal and any pending civil applications. Accordingly, the award was to be drawn up, the insurer was to inform the claimants, and the refund of court fees was to be processed as per law.

Issues considered

Whether the delay in filing the first appeal can be condoned.
Whether the withdrawal of the appeal results in the disposal of the appeal and related applications.
Whether the remaining compensation amount can be released to the claimants upon withdrawal.

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Lok Adalat
withdrawal of appeal
motor accident claim
compensation award
delay condonation
court fees refund
Legal Services Authorities Act

Judgment

2026:BHC-AUG:16903
                                                     (1)
                                                                      58-FA-31881-24.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. 12803 OF 2024 IN FAST/31881/2024
                 WITH CIVIL APPLICATION NO. 12804 OF 2024 IN FAST/31881/2024

                     THE ORIENTIAL INSURANCE CO LTD GULBARGA THROUGH THE
                                          BRANCH MANAGER
                                                VERSUS
                             VILAS RAMCHANDRA VIBHUTE AND OTHERS
                                                   ...
                              Advocate for Applicant : Mr. Ramesh R. Imale
                                                   ...

                                    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.


                 2.     The delay caused in filing the first appeal is hereby condoned.
                 Civil Application No.12803 of 2024 is disposed of. First appeal be
                 registered.

                 3.     Learned Advocate Mr. R. R. Imale, on authority, is present. The
                 appellant/Insurance Company has placed on record withdrawal pursis
                 and authority letter dated 27.03.2026 issued by authorized signatory
                 of the appellant-insurance company. The same are taken on record
                 and marked as ‘X’ and ‘X-1’, for identification.
                                        (2)
                                                            58-FA-31881-24.odt
    4.    The appellant has accepted the award passed by the Motor
    Accident Claims Tribunal, Osmanabad, in Motor Accident Claim
    Petition No.58 of 2017.

    5.    Learned    Advocate     for   the   appellant-insurance   company
    submitted that the amount of compensation has been deposited with
    the Registry of this Court and out of the same, 75% amount of
    compensation is already withdrawn by the claimants in view of order
    dated 16.03.2026. As such, the claimants are permitted to withdraw
    the remaining amount of compensation along with accrued interest
    thereon till date, as per the apportionment made by the concerned
    Tribunal. The amount be paid to the claimants without further
    reference to the order of this Court.

    6.    In view of the withdrawal pursis, First Appeal stands disposed
    of. Pending Civil Application/s, if any, also stand/s disposed of.

    7.    The award be drawn up accordingly.

    8.    The appellant-Insurance Company undertakes to communicate
    the withdrawal of First Appeal to the claimants and their Advocate.

    9.    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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