Bombay High Court

NEW INDIA ASSURANCE CO. LTD.versusRADHIKABAI SATISH GODSE AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal was disposed of upon the appellant's withdrawal of the first appeal.

Summary

The appellant, New India Assurance Co. Ltd., filed a first appeal against the award of the Motor Accident Claims Tribunal, Latur, in Motor Accident Claim Petition No.90 of 2008. The company subsequently accepted the Tribunal's award, deposited the compensation amount with the court registry, and sought to withdraw its appeal. The appellant submitted a withdrawal pursis and an authority letter dated 25.03.2026, indicating that the claimants could receive the awarded sum with accrued interest without further court reference. The Special Lok Adalat, presided over by Justice Sandipkumar C. More, accepted the withdrawal and ordered the appeal to be disposed of, along with any pending civil applications. The court also directed that the award be drawn up accordingly, the appellant communicate the withdrawal to the claimants, and the refund of court fees be processed as per law.

Issues considered

Whether an appellant can withdraw a first appeal after accepting the award and depositing the compensation with the court
Whether the court fees paid for the appeal are refundable upon withdrawal

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

appeal withdrawal
motor accident claim
insurance compensation
Special Lok Adalat
court fees refund

Judgment

2026:BHC-AUG:15598

                                                1                      3-FA-1766-11.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. 1766 OF 2011

                                NEW INDIA ASSURANCE CO. LTD.
                                              VERSUS
                             RADHIKABAI SATISH GODSE AND ORS
                                                 ...
                      Advocate for Appellant : Mr. Aniruddha S. Usmanpurkar
                                                 ...

                                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 Mr. A. S. Usmanpurkar for the appellant and Mr.

           Shankar Sangle, an authorized signatory of the appellant New India

           Assurance 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

           authorized signatory. The same are taken on record and marked as Exhibit-

           ‘X’ and ‘X-1’, for identification.
                                       2                            3-FA-1766-11.odt


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

      Claims Tribunal, Latur, in Motor Accident Claim Petition No.90 of 2008.

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

      compensation has been deposited with the Registry of this Court and the

      claimants are permitted to withdraw the same alongwith accrued interest till

      date thereon, as per the apportionment made by the learned Tribunal.

      The amount be paid to the claimants without further reference to the order

      of this Court.

      5.    In view of the withdrawal pursis, First Appeal stands disposed of.

      Pending Civil Application, if any, also stands disposed of.

      6.    The award be drawn up accordingly.

      7.    The appellant-Insurance Company undertakes to communicate the

      withdrawal of First Appeal to the claimants and their 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)         (SANDEEPKUMAR C. MORE, J.)
      MEMBER           RETD. DISTRICT JUDGE            HEAD OF THE PANEL


      Date: 29.03.2026
      Place: Aurangabad



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