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Bombay High Court

THE NEW INDIA ASSURANCE COMPANY LTD.versusRUKMINI SUMANTRAO SASE AND OTHERS

Disposal
DISPOSED OFF

Holding

The appeal is disposed of upon the appellant's withdrawal, and the award is to be drawn accordingly.

Summary

The New India Assurance Company Ltd., having accepted the award of the Motor Accident Claims Tribunal, Ahmednagar (Petition No. 56 of 2005), filed a first appeal before the Special Lok Adalat, High Court of Bombay, Aurangabad Bench. The appeal was delayed, but the court condoned the delay and registered it. The insurer submitted a withdrawal pursis dated 25‑03‑2026, indicating that the compensation amount had already been deposited with the court registry and the claimant could withdraw the sum with accrued interest. The court, upon receipt of the withdrawal, disposed of the first appeal and any pending civil application, directing that the award be drawn up and the insurer inform the claimants. It also ordered the refund of court fees as per law.

Issues considered

  • Whether an appeal before a Special Lok Adalat can be withdrawn after the appellant has accepted the tribunal's award and deposited the compensation.
  • Effect of withdrawal of appeal on any pending civil application related to the same claim.
  • Procedural compliance under the Legal Services Authorities Act, 1987 for condoning delay and processing withdrawal.

Legislation cited

Subjects

  • Lok Adalat
  • withdrawal of appeal
  • motor accident claim
  • insurance compensation
  • Legal Services Authorities Act
  • civil application
  • court fee refund

Judgment

2026:BHC-AUG:15672

                                       1                            37-CA-15012-13.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. 15012 OF 2013 IN FAST/32698/2013
              WITH CIVIL APPLICATION NO. 15013 OF 2013 IN FAST/32698/2013

                          THE NEW INDIA ASSURANCE COMPANY LTD.
                                            VERSUS
                           RUKMINI 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.15012 of 2013 stands

           disposed of accordingly.

           2.    Learned Advocate Mr. M. 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                              37-CA-15012-13.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. 56 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

          claimant is 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 claimant 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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