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Bombay High Court

THE NEW INDIA ASSURNCE COMPANY LTD THROUGH BRANCH MANAGERversusTAI SANTRAM SHINDE

Disposal
DISPOSED OFF

Holding

The Court disposed of both first appeals and any pending civil applications, allowing the withdrawal and directing that the award be drawn up accordingly.

Summary

The New India Assurance Co. Ltd., through its authorized signatories, filed first appeals against Motor Accident Claim Tribunal awards in two motor accident cases. The insurer subsequently filed withdrawal petitions, submitting that the compensation amounts had already been deposited with the Court registry. The insurer argued that the claimants could withdraw the compensation with accrued interest as directed by the Tribunals, without any further order from this Court. The Special Lok Adalat accepted the withdrawal, disposed of both first appeals and any pending civil applications, and directed that the award be drawn up accordingly. The Court also ordered the insurer to inform the claimants of the withdrawal and to process any refund of court fees as per law.

Issues considered

  • Whether the appellant‑insurance company may withdraw its first appeals after the compensation has been deposited with the Court registry.
  • Whether the claimants are entitled to withdraw the deposited compensation with accrued interest without a further order from this Court.
  • Whether court fees are refundable upon withdrawal of the appeals.

Legislation cited

Subjects

  • withdrawal of appeal
  • motor accident claim
  • insurance compensation
  • court fee refund
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:15656

                                         1                            23-FA-1052-22.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)
                                                 …
                               23 FIRST APPEAL NO. 1052 OF 2022
                WITH CIVIL APPLICATION NO. 7188 OF 2022 IN FA/1052/2022

                THE NEW INDIA ASSURNCE COMPANY LTD THROUGH BRANCH
                                       MANAGER
                                        VERSUS
                                 TAI SANTRAM SHINDE
                                          …
                           24 FIRST APPEAL NO. 4098 OF 2022

           NEW INDIA ASSURANCE CO. LTD., THR ITS DIV. MANAGER AURANGABAD
                                         VERSUS
                        SHIVAJI MANIKRAO KINGRE AND OTHERS
                                            ...
                       Advocate for Appellant : Mr. Sudhir V. 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. S. V. Kulkarni for the appellant and Mr. Sandesh

           Kamalakar and Mr. Dinesh Bankar, authorized signatories of the appellant-

           Insurance company, are present.

           2.    The appellant-insurance company has placed on record withdrawal
                                    2                               23-FA-1052-22.odt


   pursis and authority letter dated 25.03.2026 in the name of aforesaid

   respective authorized signatories. The same are taken on record and marked

   as Exhibit- ‘X’ and ‘X-1’, for identification, in both the matters.

   3.     The appellant has accepted the awards passed by the concerned Motor

   Accident Claims Tribunal, Beed, in Motor Accident Claim Petitions Nos.55 of

   2014 and 111 of 2008.

   4.     Learned Advocate for the appellant submitted that the amounts of

   compensation have been deposited with the Registry of this Court. As such,

   the respective claimants are permitted to withdraw the amounts of

   compensation along with accrued interest thereon till date as per the

   directions of the concerned Tribunals, without further reference to the order

   of this Court.

   5.     In view of the withdrawal pursis, both First Appeals stand 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 Appeals to the claimants and their Advocate.

   8.     The request of refund of Court fees shall be processed by the office in

   accordance with law, in both the matters.


(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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