Created by Fuzzy Cloud

Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY SURYAKANT S MAKHAREversusSINDHU DASHRATH PARDESHI AND ORS

Disposal
DISPOSED OFF

Holding

The Court disposed of the first appeals and any pending civil applications upon acceptance of the withdrawal pursis and authority letter.

Summary

The New India Assurance Co. Ltd., through its authorized signatories, filed first appeals against Motor Accident Claims Tribunal awards in Osmanabad, Ahmednagar and Beed. The insurance company subsequently submitted withdrawal pursis and an authority letter dated 25‑03‑2026, indicating its acceptance of the Tribunal awards and that the compensation amounts had already been deposited with the Court registry. The Special Lok Adalat was asked to consider whether the appeals could be withdrawn and what the effect would be on any pending civil applications. The Court held that, on receipt of the withdrawal documents, the first appeals stand disposed of and any pending civil applications are likewise disposed. It directed that the claimants may withdraw the deposited compensation with accrued interest and that court fees be refunded as per law.

Issues considered

  • Whether the appellant‑insurance company may withdraw the first appeals filed against Motor Accident Claims Tribunal awards
  • What is the effect of such withdrawal on pending civil applications and court fees

Legislation cited

Subjects

  • Motor Accident Claims
  • Lok Adalat
  • withdrawal of appeal
  • Court fee refund
  • Legal Services Authorities Act
  • Insurance

Judgment

2026:BHC-AUG:15648

                                          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.