Bombay High Court

THE NEW INDIA ASSURANCE COMPANY LTDversusMANOHAR MADANLAL RATHI AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal and any pending civil application were disposed, and the award was to be drawn up for payment of compensation to the claimants.

Summary

The New India Assurance Company (appellant) accepted the award of the Motor Accident Claims Tribunal in a motor accident claim and filed a withdrawal petition along with an authority letter on 25 March 2026. The appellant sought to have the compensation amount, already deposited with the court registry, released to the claimants with accrued interest, without further court reference. The Special Lok Adalat, after considering the withdrawal, ordered that the first appeal and any pending civil application stand disposed, and directed that the award be drawn up and the compensation paid to the claimants. The insurer also undertook to inform the claimants and their counsel of the withdrawal, and the court fees refund request was to be processed as per law. Consequently, the appeal was dismissed and the compensation disbursed as per the tribunal’s apportionment.

Issues considered

Whether the appellant can withdraw the first appeal and have the award executed without further court intervention

Subjects

Insurance
Motor Accident Claim
Withdrawal of Appeal
Compensation
Legal Services Authorities Act

Judgment

2026:BHC-AUG:16948
                                                     (1)
                                                                         5-FA-394-12.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. 2516 OF 2012 IN FA/394/2012
                                WITH FIRST APPEAL NO. 394 OF 2012

                            THE NEW INDIA ASSURANCE COMPANY LTD
                                               VERSUS
                               MANOHAR MADANLAL RATHI AND ORS
                                                  ...
                 Advocate for Applicant-Appellant-insurance co. : Mr. M. 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.    Learned Advocate Mr. M. R. Deshmukh           and Mr. Shankar

                 Sangle, authorized signatory of the appellant-New India Assurance

                 Company, are present.

                 2.    The appellant/Insurance Company has placed on record

                 withdrawal pursis and authority Letter dated 25.03.2026 in the name

                 of aforesaid authorized signatory. The same are taken on record and

                 marked as ‘X’ and ‘X-1’ for identification.
                                        (2)
                                                               5-FA-394-12.odt
    3.    The appellant has accepted the award passed by the Motor

    Accident Claims Tribunal, Ambajogai, District Beed, in Motor Accident

    Claim Petition No.205 of 2006 and has filed the withdrawal pursis

    and authority letter on record, the same are taken on record and

    marked as ‘X’ and ‘X-1” for identification.

    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, if any, also stands 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

rrd/ysk

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