Bombay High Court
NEW INDIA ASSURANCE COMPANY LTDversusMATEEN YUNUS PATIL AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The court held that the withdrawal of the first appeals was permissible and ordered the appeals to be disposed of, with the awards to be drawn up accordingly.
Summary
The Special Lok Adalat of the Bombay High Court, Aurangabad bench, heard a batch of first appeals filed by New India Assurance Company Ltd. against various claimants under motor accident claim petitions. The insurer had already accepted the awards of the Motor Accident Claims Tribunal and deposited the compensation amounts with the court registry. It filed withdrawal petitions, seeking to withdraw the appeals and to allow claimants to collect the deposited amounts with interest. The court accepted the withdrawal petitions, ordered the awards to be drawn up, and directed the insurer to inform the claimants and their counsel. Consequently, all the first appeals and any pending civil applications were disposed of, and the court fees refund process was to be followed as per law.
Issues considered
- Whether a party may withdraw a first appeal after accepting the award of the Motor Accident Claims Tribunal
- Whether the court should permit claimants to withdraw the deposited compensation with interest upon withdrawal of the appeal
- Whether court fees are refundable in such withdrawn appeals
Legislation cited
Subjects
- Motor Accident Claim
- Withdrawal of Appeal
- Insurance Compensation
- Court Fees Refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:15608
1 6-FA-1417-12.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. 1417 OF 2012
NEW INDIA ASSURANCE COMPANY LTD, AURANGABAD THROUGH
DIVISIONAL MANAGER
VERSUS
ROHINI RAMESH PERKAR AND OTHERS
...
WITH FIRST APPEAL NO. 1419 OF 2012
NEW INDIA ASSURANCE COMPANY LTD
VERSUS
SANTOSH @ SUNIL KRISHNAPRASAD AND OTHERS
…
WITH FIRST APPEAL NO. 1424 OF 2012
NEW INDIA ASSURANCE COMPANY LTD
VERSUS
SANTOSH @ SUNIL KRISHNAPRASAD AND OTHERS
…
WITH CIVIL APPLICATION NO. 7291 OF 2017 IN FA/1422/2012
MAINABAI DATTU KATKAR AND OTHERS
VERSUS
THE NEW INDIA ASSURANCE COMPANY LTD THR ITS DIV. MANAGER,
AURANGABAD AND OTHERS
…
WITH FIRST APPEAL NO. 1420 OF 2012
NEW INDIA ASSURANCE COMPANY LTD
VERSUS
ARUNABAI SUDHAKAR WAGH AND OTHERS
...
WITH FIRST APPEAL NO. 1421 OF 2012
NEW INDIA ASSURANCE COMPANY LTD
VERSUS
BHANUDAS PUNDLIKRAO NAGRE AND OTHERS
2 6-FA-1417-12.odt
...
WITH FIRST APPEAL NO. 1422 OF 2012
NEW INDIA ASSURANCE COMPANY LTD
VERSUS
MAINABAI DATTU KATKAR AND OTHERS
...
WITH FIRST APPEAL NO. 1418 OF 2012
NEW INDIA ASSURANCE COMPANY LTD
VERSUS
DHRUPADABAI BABASAHEB SHELKE AND OTHERS
...
WITH FIRST APPEAL NO. 1416 OF 2012
NEW INDIA ASSURANCE COMPANY LTD
VERSUS
MATEEN YUNUS PATIL AND OTHERS
...
WITH FIRST APPEAL NO. 1423 OF 2012
NEW INDIA ASSURANCE COMPANY LTD
VERSUS
NANDLAL DEVIDAS DHANGARE AND OTHERS
…
Advocate for Appellant/insurance company : Mr. M. M. Ambhore
Advocate for Applicant in CAs : Mr. R. P. Chavan
...
HON’BLE SHRI JUSTICE SANDIPKUMAR C. MORE,
(Head of the Panel)
SHRI. S. G. SHETE
(Retired District Judge)
SHRI. A. M. PHULE, (Advocate)
(Member)
...
ORDER
1. Learned Advocate Mr. M. M. Ambhore for the appellant and Mr.Dinesh
S. Bankar, an authorised signatory of the appellant-Insurance company, are
present.
3 6-FA-1417-12.odt
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 Exhibit-
‘X’ and ‘X-1’, for identification, in each matter.
3. The appellant has accepted the awards passed by the Motor Accident
Claims Tribunal, Aurangabad, in all these Motor Accident Claim Petitions.
4. Learned Advocate for the appellants 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 Tribunal without further reference to the order
of this Court.
5. In view of the withdrawal pursis, all these 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. In all these matters, 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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