Bombay High Court

Swaleha Nasir Khan and OrsversusArun Haribhau Mhaske

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The withdrawal of the first appeal by the insurer results in the disposal of the appeal and the related civil applications.

Summary

The New India Assurance Company filed first appeals against awards granted by the Motor Accident Claims Tribunal, Shrirampur, in several motor accident claim petitions. The insurer later submitted a withdrawal pursis and an authority letter, indicating its intention to withdraw the appeals. The Special Lok Adalat, presided over by Justice Sandipkumar C. More, accepted the withdrawal, thereby disposing of the first appeals and the related pending civil applications. The court directed that the award be drawn up accordingly and that the insurer communicate the withdrawal to the claimants and their counsel. It also ordered that any refund of court fees be processed as per law.

Issues considered

Whether the appellant insurance company may withdraw its first appeal before the Special Lok Adalat
Effect of such withdrawal on pending civil applications related to the same claims

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

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

Judgment

2026:BHC-AUG:15662

                                         1                            30-FA-1499-25.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. 1499 OF 2025
             BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
                     MANAGER THE NEW INDIA ASSURANCE CO LTD
                                     VERSUS
                         SAJIDA NASIR KHAN AND OTHERS
                                        ...
                        WITH FIRST APPEAL NO. 2951 OF 2025
             BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
                      MANAGER THE NEW INDIA ASSURANCE CO LTD
                                        VERSUS
              SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
                                          ...
                          WITH FIRST APPEAL NO. 2937 OF 2025
             BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
                      MANAGER THE NEW INDIA ASSURANCE CO LTD
                                        VERSUS
                           SWALEHA NASIR KHAN AND OTHERS
                                           ...
               WITH CIVIL APPLICATION NO. 8747 OF 2025 IN FAST/15320/2025

              SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
                                        VERSUS
                                ARUN HARIBHAU MHASKE
                                          ...
                WITH CIVIL APPLICATION NO. 8763 OF 2025 IN FA/2937/2025
                           SWALEHA NASIR KHAN AND OTHERS
                                        VERSUS
                                ARUN HARIBHAU MHASKE
                                          ...
                WITH CIVIL APPLICATION NO. 8737 OF 2025 IN FA/2951/2025
              SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
                                        VERSUS
                         ARUN HARIBHAU MHASKE AND OTHERS
                                          …
                                 2                          30-FA-1499-25.odt


     WITH CIVIL APPLICATION NO. 8758 OF 2025 IN FAST/15071/2025

                     NIHAL NASIR KHAN AND OTHERS
                                  VERSUS
                        ARUN HARIBHAU MHASKE
                                     ...
       Advocate for Appellant/Insurance Company : Ms. Anagha Rotte
          Advocate for Respondent No.1 : Mr. Shaikh Sohail Yusuf
                                     ...
                     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 Ms. Anagha Rotte for the appellant and Mr.Sandesh

Kamlakar, an authorized signatory of the appellant - New India Assurance

Company, are present.


2.     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.


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

Claims Tribunal, Shrirampur, District Ahmednagar, in the Motor Accident

Claim Petitions No. 155, 156, 157, 158, 159 of 2021, respectively.
                                    3                             30-FA-1499-25.odt




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

  Pending Civil Applications also stand disposed of.


  5.        The award be drawn up accordingly.


  6.        The appellant-Insurance Company undertakes to communicate the

  withdrawal of First Appeal to the claimants and their Advocate.


  7.        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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