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Bombay High Court

NEW INDIA ASSURANCE COMPANY LTDversusBHANUDAS PUNDLIKRAO NAGRE AND ORS

Disposal
DISPOSED OFF

Holding

The Court held that the withdrawal of the first appeals by the insurance company warrants the disposal of all such appeals and any pending civil applications.

Summary

The Special Lok Adalat of the High Court at Aurangabad considered a batch of first appeals filed by New India Assurance Company Ltd. against various claimants in motor accident claim petitions. The insurance company had already accepted the awards of the Motor Accident Claims Tribunal and deposited the compensation amounts with the Court registry. It filed withdrawal purses and an authority letter seeking to withdraw all the first appeals and to have the matters disposed. The Court examined the withdrawal documents, noted that the compensation had been paid, and ordered that all the first appeals and any pending civil applications be disposed of. Accordingly, the Court directed that the award be drawn up, the withdrawal be communicated to the claimants, and the refund of court fees be processed.

Issues considered

  • The insurance company’s right to withdraw first appeals after depositing compensation
  • The Court’s jurisdiction to dispose of appeals upon withdrawal without further hearing

Legislation cited

Subjects

  • Motor Accident Claim
  • Insurance
  • Withdrawal of Appeal
  • Special Lok Adalat
  • Court Fees Refund
  • Compensation Deposit

Judgment

2026:BHC-AUG:15604

                                          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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