Bombay High Court
NEW INDIA ASSURANCE COMPANY LTDversusSANTOSH @ SUNIL KRISHNAPRASAD AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
A withdrawal pursi filed by the appellant effectually disposes of the pending appeals and any related civil applications.
Summary
The Special Lok Adalat of the High Court at Aurangabad heard a batch of first appeals filed by New India Assurance Company Ltd. against various claimants under motor accident claim petitions. The insurer had earlier accepted the awards of the Motor Accident Claims Tribunal and the compensation amounts had been deposited with the Court Registry. The insurer subsequently filed withdrawal pursis and an authority letter, seeking to withdraw all its appeals. The Court held that the withdrawal of the appeals was sufficient to dispose of the first appeals and any pending civil applications, allowing claimants to withdraw the deposited compensation with accrued interest. Accordingly, the Court ordered the awards to be drawn up, the insurer to inform the claimants, and the refund of court fees to be processed.
Issues considered
- Does the filing of a withdrawal pursi by an appellant result in the disposal of pending appeals and related civil applications?
- Are claimants entitled to withdraw deposited compensation and accrued interest upon the appellant’s withdrawal of appeal?
- Is a refund of court fees warranted in such circumstances?
Legislation cited
Subjects
- Motor Accident Claims
- Withdrawal of Appeal
- Insurance Compensation
- Special Lok Adalat
- Legal Services Authorities Act
- Court Fees Refund
Judgment
2026:BHC-AUG:15607
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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