Bombay High Court

NEW INDIA ASSURANCE CO. LTD.versusGAFARKHAN MAHABUB PATHAN AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

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

Summary

The insurance company New India Assurance Co. Ltd. filed a first appeal against the award of the Motor Accident Claims Tribunal, Ambajogai, in a motor accident claim. The appellant submitted a withdrawal pursis and an authority letter, indicating acceptance of the Tribunal's award and the deposit of compensation with the court registry. The court noted that the appellant had accepted the award and, in view of the withdrawal, ordered the first appeal to be disposed of. The compensation, along with accrued interest, is to be paid to the claimants as per the Tribunal's apportionment, without further reference to the court's order. The appellant also agreed to inform the claimants of the withdrawal and to process any court fee refund.

Issues considered

Whether the appellant can withdraw the first appeal after accepting the Motor Accident Claims Tribunal's award

Subjects

Motor Accident Claims Tribunal
insurance
withdrawal of appeal
compensation
court fees
Special Lok Adalat

Judgment

2026:BHC-AUG:15599

                                              1                          4-FA-190-12.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. 190 OF 2012

                                NEW INDIA ASSURANCE CO. LTD.
                                             VERSUS
                          GAFARKHAN MAHABUB PATHAN AND OTHERS
                                                 ...
                          Advocate for Appellant : Mr. Mohit R. Deshmukh
                        Advocate for Respondent No.3 : Mr. Ramesh R. Imale
                                                 ...

                                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. M. R. Deshmukh for the appellant and

           Mr.Shankar Sangle, 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.
                                         2                        4-FA-190-12.odt


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

    Claims Tribunal, Ambajogai, District Beed, in Motor Accident Claim Petition

    No.58 of 2010.

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

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

    5.    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

    thereon till date as per the apportionment made by the concerned Tribunal.

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

    of this Court.

    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)          (SANDIPKUMAR C. MORE, J.)
    MEMBER           RETD. DISTRICT JUDGE           HEAD OF THE PANEL

Date: 29.03.2026
Place: Aurangabad



ysk/rrd

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