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Bombay High Court

NEW INDIA ASSURANCE COMPANY LTD, AURANGABAD THR DIVISIONAL MANAGERversusROHINI RAMESH PERKAR AND ORS

Disposal
DISPOSED OFF

Holding

All first appeals and pending civil applications are disposed of upon the insurer's withdrawal pursis.

Summary

The Special Lok Adalat of the Bombay High Court, Aurangabad bench, disposed a series of first appeals filed by New India Assurance Company Ltd. against various claimants arising from motor accident claim petitions. The insurer had accepted the awards of the Motor Accident Claims Tribunal and deposited the compensation amounts with the Court registry. It subsequently filed withdrawal pursis and an authority letter, seeking to withdraw the appeals and allow claimants to collect the deposited sums with interest. The Court held that the withdrawal pursis were sufficient to dispose of all the first appeals and any pending civil applications, directing that the awards be drawn up and court fees refunded as per law. The insurer was also directed to inform the claimants and their counsel of the withdrawal.

Issues considered

  • Whether the first appeals can be dismissed on the insurer's submission of withdrawal pursis.
  • Whether claimants may withdraw the deposited compensation and accrued interest without further reference to this Court.

Subjects

  • Motor Accident Claims
  • First Appeal
  • Withdrawal Pursi
  • Compensation Deposit
  • Insurance
  • Special Lok Adalat
  • Court Fee Refund

Judgment

2026:BHC-AUG:15603

                                          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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