Bombay High Court
NEW INDIA ASSURANCE COMPANY LTDversusDHRUPADABAI BABASAHEB SHELKE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
A withdrawal of appeal before the Special Lok Adalat leads to the disposal of the appeal and any pending civil applications.
Summary
The New India Assurance Company filed multiple first appeals before the Special Lok Adalat of the Aurangabad Bench of the High Court challenging awards granted by the Motor Accident Claims Tribunal in various motor accident claim petitions. The insurer later submitted withdrawal pursis and an authority letter, indicating acceptance of the Tribunal awards and that the compensation amounts had been deposited with the Court registry. The appellants argued that the claimants could withdraw the compensation along with accrued interest as per the Tribunal's directions without further Court intervention. The Court held that, upon receipt of the withdrawal pursis, the first appeals and any pending civil applications stand disposed of, and the award should be drawn up accordingly. The insurer was directed to inform the claimants and their counsel of the withdrawal and to process any refund of Court fees as per law.
Issues considered
- Whether a withdrawal of appeal (withdrawal pursis) results in the disposal of the appeal before the Special Lok Adalat.
- Effect of withdrawal of appeal on pending civil applications related to the same matter.
Legislation cited
Subjects
- Motor Accident Claim
- Appeal Withdrawal
- Special Lok Adalat
- Insurance Compensation
- Court Fees Refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:15606
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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