Bombay High Court
THE NEW INDIA ASSURANCE CO. LTD. THRU. DIVISIONAL MANAGER, AURANGABADversusSAU MUKTABAI BABASAHEB @ ASHOK SASE AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal was disposed of as withdrawn, with the award to be drawn up and paid to the claimants.
Summary
The New India Assurance Co. Ltd., through its authorized signatory, filed a withdrawal petition for its first appeal against the award of the Motor Accident Claims Tribunal, Ahmednagar (Motor Accident Claim Petition No.57 of 2005). The Special Lok Adalat condoned the delay in filing the appeal and registered the appeal. The insurer accepted the Tribunal's award and confirmed that the compensation amount, with accrued interest, had been deposited with the Court registry for the claimants. The Court ordered that the award be drawn up and the compensation paid to the claimants without further reference to the Court's order. The appeal and any pending civil applications were disposed of, and the insurer was directed to inform the claimants of the withdrawal and to process any refund of court fees.
Issues considered
- Whether the delay in filing the appeal can be condoned under the Legal Services Authorities Act, 1987.
- Whether the appeal can be withdrawn after the insurer has accepted the Tribunal's award.
Legislation cited
Subjects
- withdrawal of appeal
- condonation of delay
- insurance claim
- motor accident
- court fees refund
- Special Lok Adalat
Judgment
2026:BHC-AUG:15669
1 35-CA-15007-13.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. 15007 OF 2013 IN FAST/31993/2013
WITH CIVIL APPLICATION NO. 15008 OF 2013 IN FAST/31993/2013
WITH CIVIL APPLICATION NO. 7634 OF 2020 IN FAST/31993/2013
THE NEW INDIA ASSURANCE CO. LTD. THROUGH
DIVISIONAL MANAGER, AURANGABAD
VERSUS
MUKTABAI BABASAHEB @ ASHOK SASE AND OTHERS
...
Advocate for Applicant : Mr. Shriram P. Kulkarni and 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. Heard. The delay caused in filing this appeal stands condoned. The
appeal be registered forthwith. Civil Application No.15007 of 2013 stands
disposed of accordingly.
2. Learned Advocate Mr. Mohit R. Deshmukh for the appellant and
Mr.Sandesh Kamlakar, authorized signatory of the appellant-New India
Assurance Company, are present. The appellant/Insurance Company has
placed on record withdrawal pursis and authority Letter dated 25.03.2026
2 35-CA-15007-13.odt
in the name of aforesaid Authorized signatory. The same are taken on
record and marked as ‘X’ and ‘X-1’, for identification.
3. The appellant has accepted the award passed by the Motor accident
claims Tribunal, Ahmednagar, in Motor Accident Claim Petition No.57 of
2005.
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/s, if any, also stand/s 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
ysk/rrd
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