Bombay High Court

NEW INDIA ASSURANCE CO LTDversusKISHOR BABURAO BABULAL JAISWAL and ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of upon the appellant's withdrawal of the first appeal after full settlement of the award.

Summary

The insurance company, New India Assurance Co. Ltd., filed a first appeal against the award of the Motor Accident Claims Tribunal, Jalgaon, in a motor accident claim. The appellant submitted withdrawal pursis and an authority letter, indicating that the full compensation amount, along with accrued interest, had been deposited as directed by the Tribunal. The appellant argued that the claimant could now withdraw the compensation without further reference to this Court. The Special Lok Adalat accepted the withdrawal and disposed of the first appeal, along with any pending civil applications. The court directed that the award be drawn up, the appellant communicate the withdrawal to the claimant, and that any court fee refund be processed according to law.

Issues considered

Whether a first appeal can be withdrawn after the appellant has deposited the full compensation awarded by the Tribunal
Effect of withdrawal of appeal on pending civil applications
Procedural requirements for withdrawal of an appeal before the Special Lok Adalat

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

withdrawal of appeal
motor accident claim
insurance compensation
Special Lok Adalat
court fee refund
Tribunal award

Judgment

2026:BHC-AUG:15677

                                           1                        FA-1033-03-nbtb.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.1033 OF 2003

                           NEW INDIA ASSURANCE COMPANY LIMITED
                                             VERSUS
                       KISHOR BABURAO BABULAL JAISWAL AND OTHERS
                                                …
                          Advocate for Appellant : Mr. A. S. Osmanpurkar
                                                ...

                                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.     Not on board. Taken on board.

           2.     Learned Advocate Mr. A. S. Osmanpurkar for the appellant and Mr.

           Dinesh Bankar, an authorised signatory of the appellant-Insurance company,

           are present.

           3.     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 Exhibit-

           ‘X’ and ‘X-1’, for identification.
                                 2                              FA-1033-03-nbtb.odt


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

   Claims Tribunal, Jalgaon, in Motor Accident Claim Petition No.445 of 1999.

   5.     Learned Advocate for the appellant submitted that entire amount of

   compensation is deposited. As such, the claimant is permitted to withdraw

   the amount of compensation along with accrued interest thereon till date, as

   per the directions of the concerned Tribunal, without further reference to

   the order of this Court.

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

   Pending Civil Application/s, if any, also stand/s disposed of.

   7.     The award be drawn up accordingly.

   8.     The appellant-Insurance Company undertakes to communicate the

   withdrawal of First Appeal to the claimant and his 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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