Bombay High Court

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

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of upon the appellant's withdrawal of the First Appeal.

Summary

The New India Assurance Company filed a First Appeal before the Special Lok Adalat of the Bombay High Court, Aurangabad Bench, challenging the award of the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No. 360 of 2001. The appellant subsequently submitted a withdrawal pursis and authority letter dated 25.03.2026, seeking to withdraw the appeal and accept the Tribunal's award. The Court noted that the compensation amount, together with accrued interest, had already been deposited with the Registry and could be released to the claimants. Accordingly, the Court ordered that the First Appeal and any pending civil application stand disposed, and directed the appellant to communicate the withdrawal to the claimants. The Court also directed that the refund of court fees be processed as per law.

Issues considered

Whether a First Appeal filed before a Special Lok Adalat can be withdrawn after the appellant has accepted the award of the lower tribunal.
Whether the Court can dispose of the appeal and any pending civil application upon receipt of a withdrawal pursis.

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

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

Judgment

2026:BHC-AUG:15595

                                             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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