Created by Fuzzy Cloud

Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD. AURANGABADversusVIVEK VINAYAK GARAD AND OTHERS

Disposal
DISPOSED OFF

Holding

The appeal is disposed of upon the appellant’s withdrawal and acceptance of the tribunal’s award.

Summary

The New India Assurance Co. Ltd. filed a first appeal against a motor accident claim award but subsequently withdrew the appeal after accepting the award of the Motor Accident Claims Tribunal, Latur (Petition No. 87 of 2010). The insurer deposited Rs.25,000 with the court and promised to deposit the balance compensation with accrued interest within eight weeks. The appellant sought permission to withdraw the appeal and to have the award drawn up accordingly. The Special Lok Adalat, acting under Section 19 of the Legal Services Authorities Act, 1987, accepted the withdrawal and ordered the appeal to be disposed. It also directed that the remaining amount be deposited with the court registry, the claimant be informed, and the court fee refund be processed as per law.

Issues considered

  • Whether an appellant can withdraw a first appeal after accepting the award of a Motor Accident Claims Tribunal
  • Whether partial deposit of the awarded amount satisfies the court’s requirement pending full payment
  • Whether the Special Lok Adalat can dispose of the appeal upon receipt of a withdrawal petition

Legislation cited

Subjects

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

Judgment

2026:BHC-AUG:15620

                                            1                                 8-FA-1214-14.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. 1214 OF 2014

                      THE NEW INDIA ASSURANCE CO. LTD. AURANGABAD
                                              VERSUS
                              VIVEK VINAYAK GARAD AND OTHERS
                                                 ...
                      Advocate for Appellant : Mr. Aniruddha S. Usmanpurkar
                                                 …

                              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. A. S. Osmanpurkar and Mr. Shankar Sangle, an

           authorised signatory of the appellant-Insurance 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

           respective authorized signatories in each matter. The same are taken on

           record and marked as Exhibit- ‘X’ and ‘X-1’, for identification.

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

           Claims Tribunal, Latur, in Motor Accident Claim Petition No.87 of 2010.
                                     2                             8-FA-1214-14.odt


  4.        Learned Advocate for the appellant submitted that only amount of

  Rs.25,000/- (Rs.Twenty Five Thousand only) is deposited with this Court,

  but the remaining entire amount of compensation along with interest

  accrued thereon till date will be deposited with the Registry of this Court,

  within eight weeks from today.          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, as and when deposited.

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

  Pending civil application, if any, also stands disposed of.

  6.        The award be drawn up accordingly.

  7.        The appellant-Insurance Company undertakes to communicate the

  withdrawal of First Appeal to the claimant and his 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.