Bombay High Court

BRANCH OFFICER, THE NEW INDIA INSURANCE CO. LTD., THR ITS AUTHORIZED OFFICIAL , AURANGABADversusSANJAY TUKARAM KANWADE AND ANR

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal was disposed of upon the appellant’s withdrawal of the appeal.

Summary

The Branch Officer of New India Insurance Co. Ltd. filed a first appeal against a motor accident claim judgment. The insurance company later submitted a withdrawal pursis and authority letter, indicating that it had accepted the Motor Accident Claims Tribunal’s award and deposited the full compensation with interest. The appellant argued that the claimant could now withdraw the compensation amount as directed by the Tribunal, rendering further court involvement unnecessary. The Special Lok Adalat, noting the withdrawal, disposed of the appeal and any pending civil applications. The court ordered the award to be drawn up, the insurer to inform the claimant, and the refund of court fees to be processed.

Issues considered

Whether a first appeal can be withdrawn after the appellant has accepted the award and deposited the full compensation.

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

insurance
motor accident claim
withdrawal of appeal
compensation
Legal Services Authorities Act

Judgment

2026:BHC-AUG:15654

                                             1                        21-FA-1540-21.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. 1540 OF 2021

                BRANCH OFFICER, THE NEW INDIA INSURANCE CO. LTD., THR ITS
                           AUTHORIZED OFFICIAL, AURANGABAD
                                           VERSUS
                        SANJAY TUKARAM KANWADE AND ANOTHER
                                              …
                        Advocate for Appellant : Mr. A. S. Usmanpurkar
                                              ...

                               HON’BLE SHRI JUSTICE SANDEEPKUMAR C. MORE
                               (Head of the Panel)

                               SHRI. S. G. SHETE
                               (Retd. District Judge)

                               SHRI. A. M. PHULE (Advocate)
                               (Member)
                                               ...

                                                 ORDER

           1.     Learned Advocate Mr. A. S. Osmanpurkar for the appellant-insurance

           company and Mr. Sandesh Kamlakar, an authorised signatory of the

           appellant-insurance company, are present.

           2.     The appellant-Insurance Company has placed on record withdrawal

           pursis and authority letter dated 25.03.2026 in the name of aforesaid

           respective authorized signatory. The same are taken on record and marked

           as Exhibit- ‘X’ and ‘X-1’, for identification.
                                     2                             21-FA-1540-21.odt


  3.        The appellant has accepted the award passed by the Motor Accident

  Claims Tribunal, Shrirampur, District Ahmednagar, in Motor Accident Claim

  Petition No.21 of 2016.

  4.        Learned Advocate for the appellant submitted that entire amount of

  compensation is deposited. As such, the claimant is permitted to withdraw

  the amount 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, First Appeal stands 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 Appeal to the claimant and his Advocate.

  8.        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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