Bombay High Court
NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABADversusASHA AVINASH KHADSE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is withdrawn and the award is to be drawn up, with the compensation redistributed among the surviving claimants.
Summary
The Special Lok Adalat of the High Court at Aurangabad heard Civil Application No. 5939 of 2018, wherein New India Assurance Co. Ltd. sought to withdraw its appeal against the award of the Motor Accident Claims Tribunal. The court condoned the delay in filing the appeal and ordered its registration. The insurance company submitted a withdrawal pursis and an authority letter, indicating acceptance of the Tribunal’s award. One of the claimants, Sharlet Rameshwar Khadse, had died, and the court directed that the compensation be redistributed equally among the surviving claimants with accrued interest. The court ordered that the deposited compensation be released to the claimants without further reference to its own order and that the appeal be deemed disposed. It also directed the insurer to inform the claimants of the withdrawal and to process any refund of court fees.
Issues considered
- Whether the appeal filed by the insurance company can be withdrawn after delay.
- How the compensation awarded by the Motor Accident Claims Tribunal should be distributed among the remaining claimants after the death of one claimant.
- Whether the delay in filing the appeal can be condoned under the applicable provisions.
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- motor accident claim
- compensation distribution
- death of claimant
- court fees refund
Judgment
2026:BHC-AUG:15675
1 44-CA-5939-18.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. 5939 OF 2018 IN FAST/13449/2018
WITH FAST/13449/2018
NEW INDIA ASSURANCE CO. LTD., THROUGH ITS
AUTHORIZED SIGNATORY, AURANGABAD
VERSUS
ASHA AVINASH KHADSE 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 appeal stands condoned. The
appeal be registered forthwith. Civil Application No.5939 of 2018 stands
disposed of accordingly.
2. Learned Advocate Mr. M. R. Deshmukh for the appellant and
Mr.Shankar Sangle, authorized signatory of the appellant- New India
Assurance Company, are present.
3. The appellant/Insurance Company has placed on record withdrawal
pursis as well as 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 44-CA-5939-18.odt
4. The appellant has accepted the award passed by the Motor accident
claims Tribunal, Aurangabad in Motor Accident Claim Petition No.689 of
2014.
5. The learned Advocate for claimants/respondent Nos. 1 to 4 pointed
out that respondent No.5, Sharlet Rameshwar Khadse, who is the mother of
the deceased, is no more and she has died on 29.07.2020. The pursis
alongwith the death certificate to that effect, is produced on record and
marked ‘X-2’, collectively. The other dependents of the deceased are already
on record in the form of remaining claimants. As such, the amount of
compensation now be distributed among the remaining claimants equally
alongwith proportionate interest accrued thereon.
6. 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 alongwith accrued interest
thereon till date as per the apportionment mentioned above. The amount be
paid to the claimants without further reference to the order of this Court.
7. In view of the withdrawal pursis, First Appeal stands disposed of.
Pending Civil Application/s, if any, also stand disposed of. 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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