Bombay High Court
THE NEW INDIA ASSURANCE CO. LTD. THRU. DIVISIONAL MANAGER, AURANGABADversusMUKTABAI BABASAHEB @ ASHOK SASE AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of upon withdrawal, and the award is to be drawn up and paid to the claimants with accrued interest.
Summary
The New India Assurance Co. Ltd. filed a withdrawal petition in the Special Lok Adalat, Aurangabad, seeking to withdraw its first appeal against the award of the Motor Accident Claims Tribunal, Ahmednagar (Motor Accident Claim Petition No.57 of 2005). The company had already deposited the compensation amount with the court registry and requested that the claimants be allowed to withdraw the amount with accrued interest. The court condoned the delay in filing the withdrawal, accepted the withdrawal, and ordered the award to be drawn up and paid to the claimants without further reference to the court’s earlier order. The appeal and any pending civil applications were disposed of, and the insurance company undertook to inform the claimants of the withdrawal. The court also directed that the refund of court fees be processed as per law.
Issues considered
- Whether the appellant/insurance company can withdraw its first appeal after the award has been made by the Motor Accident Claims Tribunal
- Whether the deposited compensation amount can be released to the claimants with accrued interest upon withdrawal of the appeal
Legislation cited
Subjects
- withdrawal of appeal
- motor accident claim
- insurance compensation
- court fee refund
- Special Lok Adalat
Judgment
2026:BHC-AUG:15667
1 35-CA-15007-13.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. 15007 OF 2013 IN FAST/31993/2013
WITH CIVIL APPLICATION NO. 15008 OF 2013 IN FAST/31993/2013
WITH CIVIL APPLICATION NO. 7634 OF 2020 IN FAST/31993/2013
THE NEW INDIA ASSURANCE CO. LTD. THROUGH
DIVISIONAL MANAGER, AURANGABAD
VERSUS
MUKTABAI BABASAHEB @ ASHOK SASE AND OTHERS
...
Advocate for Applicant : Mr. Shriram P. Kulkarni and Mr. M. S. Kulkarni
…
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. The delay caused in filing this appeal stands condoned. The
appeal be registered forthwith. Civil Application No.15007 of 2013 stands
disposed of accordingly.
2. Learned Advocate Mr. Mohit 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
2 35-CA-15007-13.odt
in the name of aforesaid Authorized signatory. The same are taken on
record and marked as ‘X’ and ‘X-1’, for identification.
3. The appellant has accepted the award passed by the Motor accident
claims Tribunal, Ahmednagar, in Motor Accident Claim Petition No.57 of
2005.
4. Learned Advocate for the appellant submitted that the amount of
compensation has been deposited with the Registry of this Court and the
claimants are 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 claimants without further reference to the order
of this Court.
5. In view of the withdrawal pursis, First Appeal stands disposed of.
Pending Civil Application/s, if any, also stand/s disposed of.
6. The award be drawn up accordingly.
7. The appellant-Insurance Company undertakes to communicate the
withdrawal of First Appeal to the claimants and their 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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