Bombay High Court
THE NEW INDIA ASSURANCE COMPANY LTD.versusRUKMINI SUMANTRAO SASE AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of as withdrawn, and the award is to be drawn and paid to the claimant in accordance with the Tribunal’s determination.
Summary
The New India Assurance Company filed a first appeal against the award of the Motor Accident Claims Tribunal, Ahmednagar, in a 2005 motor accident claim. The company subsequently accepted the Tribunal’s award and submitted a withdrawal pursis dated 25 March 2026, seeking to withdraw the appeal. The Special Lok Adalat, presided over by Justice Sandipkumar C. More, condoned the delay in filing the appeal and registered it. Upon receipt of the withdrawal application, the court ordered the appeal to be disposed of and directed that the award be drawn up and the compensation, along with accrued interest, be paid to the claimant. The court also instructed the insurer to inform the claimants of the withdrawal and to process any refund of court fees as per law.
Issues considered
- Whether an appeal can be withdrawn after the appellant has accepted the award of the Motor Accident Claims Tribunal.
- Whether the court can order payment of the compensation and interest as determined by the Tribunal upon withdrawal of the appeal.
- Whether a refund of court fees is warranted in the circumstances of a withdrawn appeal.
Legislation cited
Subjects
- Motor Accident Claim
- Insurance
- Withdrawal of Appeal
- Award Acceptance
- Court Fees Refund
- Special Lok Adalat
Judgment
2026:BHC-AUG:15673
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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