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Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD. THRU. DIVISIONAL MANAGER, AURANGABADversusMUKTABAI BABASAHEB @ ASHOK SASE AND OTHERS

Disposal
DISPOSED OFF

Holding

The appeal is disposed of upon withdrawal, and the award is to be executed as per the Tribunal's apportionment.

Summary

The Special Lok Adalat of the Bombay High Court, Aurangabad bench, heard an application by New India Assurance Co. Ltd. seeking to withdraw its appeal against a Motor Accident Claims Tribunal award. The court condoned the delay in filing the appeal and accepted the insurer’s withdrawal request. The insurer had already deposited the compensation amount with the court registry as directed by the Tribunal and sought to release it to the claimants with accrued interest. The court ordered that the award be drawn up and the amount paid to the claimants without further reference to the court’s order. It also directed the insurer to inform the claimants of the withdrawal and to process a refund of court fees as per law.

Issues considered

  • Whether the delay in filing the appeal can be condoned.
  • Whether the appellant can withdraw the appeal and accept the Tribunal's award.
  • Whether the court can direct payment of the compensation as per the Tribunal's apportionment without a further order.

Legislation cited

Subjects

  • withdrawal of appeal
  • condonation of delay
  • motor accident claim
  • compensation award
  • Special Lok Adalat
  • court fee refund

Judgment

2026:BHC-AUG:15668

                                          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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