Bombay High Court
THE NEW INDIA ASSURNCE COMPANY LTD THROUGH BRANCH MANAGERversusTAI SANTRAM SHINDE
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
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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