Bombay High Court

THE NEW INDIA ASSURANCE CO LTD.versusSHIVANAND ANANDRAO HONSHETTE AND ANR

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The Special Lok Adalat disposed of the First Appeal and the pending civil application upon acceptance of the appellant's withdrawal pursis.

Summary

The New India Assurance Company filed a First Appeal before the Special Lok Adalat of the High Court at Aurangabad, seeking to withdraw the appeal after accepting the award of the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No. 360 of 2001. The appellant submitted a withdrawal pursis and an authority letter dated 25.03.2026, which the Court recorded. The Court noted that the compensation amount had already been deposited with the Registry and allowed the claimant to withdraw the amount with accrued interest. Consequently, the Court ordered that the First Appeal and any pending civil application be disposed of, and directed that the award be drawn up and the compensation paid without further reference to the Court’s order. The appellant also undertook to inform the claimants of the withdrawal and the request for refund of court fees was to be processed as per law.

Issues considered

The effect of a withdrawal pursis on a pending First Appeal before a Special Lok Adalat
The authority of the Special Lok Adalat to dispose of an appeal upon withdrawal
The entitlement of the claimant to receive the deposited compensation with interest

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Special Lok Adalat
withdrawal of appeal
motor accident claim
insurance compensation
Legal Services Authorities Act

Judgment

2026:BHC-AUG:15596

                                             1                         1-FA-1223-07.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. 1223 OF 2007
                WITH CIVIL APPLICATION NO. 9099 OF 2007 IN FA/1223/2007

                             THE NEW INDIA ASSURANCE CO LTD.
                                            VERSUS
                      SHIVANAND ANANDRAO HONSHETTE AND ANOTHER
                                               ...
                          Advocate for Appellant : Mr. Pratap P. Mandlik
                          AGP for Respondent No.1 : Mr. K. M. Nagarkar
                                               ...

                                HON’BLE SHRI JUSTICE SANDIPKUMAR C. MORE
                                (Head of the Panel)

                                SHRI. S. G. SHETE
                                (Ret. District Judge)

                                SHRI. A. M. PHULE, (Advocate)
                                (Member)
                                                ...

                                                 ORDER

           1.     Learned Advocate Mr. Pratap P. Mandlik 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                            1-FA-1223-07.odt


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

    Claims Tribunal, Nanded, in Motor Accident Claim Petition No. 360 of 2001.

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

    Pending Civil Application, if any, 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 alongwith accrued interest

    thereon till date.   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 or 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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