Bombay High Court
THE NEW INDIA ASSURANCE COMPANY LTD.versusBABASAHEB @ ASHOK SUMANTRAO SASE AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of as the appellant has withdrawn it after accepting the award and depositing the compensation.
Summary
The New India Assurance Company filed a first appeal against the award of the Motor Accident Claims Tribunal, Ahmednagar, in a motor accident claim. The company subsequently accepted the Tribunal's award, deposited the compensation amount with the court registry, and submitted a withdrawal pursis dated 25 March 2026. The Special Lok Adalat, after condoning the delay in filing the appeal, considered the withdrawal request. It held that, having accepted the award and deposited the due amount, there was no further ground to maintain the appeal. Consequently, the appeal and any pending civil applications were disposed of, the award was to be drawn up, and the company was directed to inform the claimants of the withdrawal and process any court fee refund.
Issues considered
- Whether the appellant can withdraw its appeal after accepting the award and depositing the compensation?
Subjects
- Motor Accident Claim
- Insurance
- Withdrawal of Appeal
- Special Lok Adalat
- Court Fees Refund
- Award Acceptance
Judgment
2026:BHC-AUG:15670
1 36-CA-15009-13.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. 15009 OF 2013 IN FAST/32697/2013
WITH CIVIL APPLICATION NO. 15010 OF 2013 IN FAST/32697/2013
THE NEW INDIA ASSURANCE COMPANY LTD.
VERSUS
BABASAHEB @ ASHOK SUMANTRAO SASE AND OTHERS
...
Advocate for Applicant : Mr. Mohit R. Deshmukh
...
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.15009 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.
3. The appellant-Insurance Company has placed on record withdrawal
pursis and authority Letter dated 25.03.2026 in the name of aforesaid
2 36-CA-15009-13.odt
authorized signatory. The same are taken on record and marked as ‘X’ and
‘X-1’, for identification.
4. The appellant has accepted the award passed by the Motor Accident
Claims Tribunal, Ahmednagar, in Motor Accident Claim Petition No. 75 of
2005.
5. 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.
6. In view of the withdrawal pursis, First Appeal stands disposed of.
Pending civil application, if any, also stands 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
ysk/rrd
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