Bombay High Court
Branch Manager New India Assurance Com Ltd Through Its Manager The New India Assurance Co LtdversusSajida Nasir Khan and Ors
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The withdrawal of the first appeal results in the disposal of the appeal and all pending civil applications related to the same matter.
Summary
The New India Assurance Company filed first appeals (Nos. 1499, 2951, 2937 of 2025) against several claimants in a Special Lok Adalat proceeding. The insurer later submitted a withdrawal pursis and an authority letter on 25 March 2026, indicating its intention to withdraw the appeals. The Court noted that the insurer had already accepted the awards rendered by the Motor Accident Claims Tribunal, Shrirampur, in the related motor accident claim petitions. Accordingly, the Court disposed of the first appeals and the pending civil applications filed by the claimants. The award was ordered to be drawn up, the insurer was directed to inform the claimants of the withdrawal, and the request for refund of court fees was to be processed as per law.
Issues considered
- Whether a party may withdraw a first appeal filed in a Special Lok Adalat under the Legal Services Authorities Act, 1987
- Effect of such withdrawal on pending civil applications arising from the same dispute
Legislation cited
Subjects
- withdrawal of appeal
- Special Lok Adalat
- Motor Accident Claims Tribunal
- insurance claim
- court fees refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:15658
1 30-FA-1499-25.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. 1499 OF 2025
BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
MANAGER THE NEW INDIA ASSURANCE CO LTD
VERSUS
SAJIDA NASIR KHAN AND OTHERS
...
WITH FIRST APPEAL NO. 2951 OF 2025
BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
MANAGER THE NEW INDIA ASSURANCE CO LTD
VERSUS
SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
...
WITH FIRST APPEAL NO. 2937 OF 2025
BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
MANAGER THE NEW INDIA ASSURANCE CO LTD
VERSUS
SWALEHA NASIR KHAN AND OTHERS
...
WITH CIVIL APPLICATION NO. 8747 OF 2025 IN FAST/15320/2025
SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
VERSUS
ARUN HARIBHAU MHASKE
...
WITH CIVIL APPLICATION NO. 8763 OF 2025 IN FA/2937/2025
SWALEHA NASIR KHAN AND OTHERS
VERSUS
ARUN HARIBHAU MHASKE
...
WITH CIVIL APPLICATION NO. 8737 OF 2025 IN FA/2951/2025
SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
VERSUS
ARUN HARIBHAU MHASKE AND OTHERS
…
2 30-FA-1499-25.odt
WITH CIVIL APPLICATION NO. 8758 OF 2025 IN FAST/15071/2025
NIHAL NASIR KHAN AND OTHERS
VERSUS
ARUN HARIBHAU MHASKE
...
Advocate for Appellant/Insurance Company : Ms. Anagha Rotte
Advocate for Respondent No.1 : Mr. Shaikh Sohail Yusuf
...
HON’BLE SHRI JUSTICE SANDIPKUMAR C. MORE
(Head of the Panel)
SHRI. S. G. SHETE
(Retd. District Judge)
SHRI. A. M. PHULE (Advocate)
(Member)
…
ORDER
1. Learned Advocate Ms. Anagha Rotte for the appellant and Mr.Sandesh
Kamlakar, an authorized signatory of the appellant - New India Assurance
Company, are present.
2. The appellant-Insurance Company has placed on record withdrawal
pursis as well as authority letter dated 25.03.2026 in the name of aforesaid
authorized signatory. The same are taken on record and marked as ‘X’ and
‘X-1’, for identification.
3. The appellant has accepted the award passed by the Motor Accident
Claims Tribunal, Shrirampur, District Ahmednagar, in the Motor Accident
Claim Petitions No. 155, 156, 157, 158, 159 of 2021, respectively.
3 30-FA-1499-25.odt
4. In view of the withdrawal pursis, First Appeal stands disposed of.
Pending Civil Applications also stand disposed of.
5. The award be drawn up accordingly.
6. The appellant-Insurance Company undertakes to communicate the
withdrawal of First Appeal to the claimants and their Advocate.
7. 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
rrd/ysk
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