Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD. THRU. DIVISIONAL MANAGER, AURANGABADversusSUMANT RAGNATH SASE AND OTHERS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of as withdrawn, and the award of the Motor Accident Claims Tribunal stands, with the insurer directed to pay the compensation to the claimants.

Summary

The New India Assurance Company Limited filed a first appeal (No. 2993 of 2013) before the Special Lok Adalat of the High Court of Bombay, Aurangabad, challenging the award of the Motor Accident Claims Tribunal, Ahmednagar, in a 2005 motor accident claim. The appellant submitted a withdrawal pursis dated 25‑03‑2026, indicating its acceptance of the Tribunal’s award and its intention to withdraw the appeal. The court noted that the compensation amount, along with accrued interest, had already been deposited with the registry for payment to the claimants. Consequently, the court ordered the first appeal and the pending civil applications to be disposed of, directing the insurer to pay the awarded amount to the claimants and to communicate the withdrawal. The court also directed that the refund of court fees be processed as per law.

Issues considered

Whether the appellant can withdraw its first appeal after accepting the award of the Motor Accident Claims Tribunal
Effect of the withdrawal on the pending civil applications
Entitlement of the claimants to receive the awarded compensation and accrued interest

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Lok Adalat
withdrawal of appeal
motor accident claim
insurance
compensation
Legal Services Authorities Act
court fees refund

Judgment

2026:BHC-AUG:15619

                                            1                            7-FA-2993-13.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)
                                                 …
                                 FIRST APPEAL NO. 2993 OF 2013
                WITH CIVIL APPLICATION NO. 15024 OF 2013 IN FA/2993/2013
                WITH CIVIL APPLICATION NO. 6335 OF 2014 IN FA/2993/2013

                 THE NEW INDIA ASSURANCE COMPANY LIMITED THROUGH
                             DIVISIONAL MANAGER, AURANGABAD
                                              VERSUS
                             SUMANT RAGNATH SASE AND OTHERS
                                                 ...
                Advocate for Appellant : Mr. Shriram P. Kulkarni, Mr. M. S. Kulkarni
                                                …

                               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 for the appellant and

           Mr.Sandesh Kamlakar, 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                             7-FA-2993-13.odt


      3.      The appellant has accepted the award passed by the Motor Accident

      Claims Tribunal, Ahmednagar, in Motor Accident Claim Petition No. 71 of

      2005.

      4.      In view of the withdrawal pursis, First Appeal stands disposed of.

      Pending Civil Applications also stands disposed of.

      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.      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



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