Bombay High Court

NEW INDIA INSURANCE COMPANY LTD THR ITS DIVISIONAL MANAGER NANDED THR ITS DIV. MANAGER AURANGABADversusDADARAO YADAVRAO KALYANKAR AND ANR

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The withdrawal of the first appeals by the insurance company results in the disposal of those appeals.

Summary

The New India Insurance Company, as appellant, filed first appeals against motor accident claim awards in two separate petitions. The company later submitted withdrawal pursis and authority letters dated 25.03.2026, indicating its intention to withdraw the appeals. The court noted that the compensation amounts had already been deposited with the registry and that claimants could withdraw the sums with accrued interest as directed by the Motor Accident Claims Tribunals. Accepting the withdrawal, the court ordered that the first appeals stand disposed and any pending civil applications also stand disposed. The court directed that the award be drawn up accordingly, the insurer communicate the withdrawal to claimants, and the refund of court fees be processed. No further reference to the court’s earlier order was deemed necessary.

Issues considered

Whether a party may withdraw a first appeal after the award has been accepted and compensation deposited
Whether the court must pass a fresh order to dispose of the appeal upon withdrawal

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Insurance
Motor Accident Claim
Withdrawal of Appeal
Court Fees Refund
Legal Services Authorities Act

Judgment

2026:BHC-AUG:15649

                                         1                            13-FA-1900-17.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)
                                                 …

                           13 FIRST APPEAL NO. 1900 OF 2017
                                         (NANDED)
            NEW INDIA INSURANCE COMPANY LTD THR ITS DIVISIONAL MANAGER
                      NANDED THR ITS DIV. MANAGER AURANGABAD
                                          VERSUS
                     DADARAO YADAVRAO KALYANKAR AND ANOTHER
                                              …
                           20 FIRST APPEAL NO. 2892 OF 2019
                                     (AHMEDNAGAR)
                 NEW INDIA ASSURANCE CO. LTD., THR ITS DIV. MANAGER,
                                      AURANGABAD
                                          VERSUS
              GORAKH SHANKAR YELMAME (DELETED) INDUBAI AND OTHERS
                                              ...
                     Advocate for Appellant : Mr. Shrikrishna R. Bodade
                                              …

                             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. S. R. Bodade for the appellant and Mr. Shankar

           Sangale, an authorized signatory of the appellant-insurance company, are

           present.
                                       2                            13-FA-1900-17.odt


      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 signatories. The same are taken on record and marked

      as ‘X’ and ‘X-1’, for identification in both the matter.

      3.    The appellant has accepted the awards passed by the concerned Motor

      Accident Claims Tribunals, 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, First Appeals stand 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 Appeals to the claimants and their Advocate.

      8.    The request of refund of Court fees shall be processed by the office in

      accordance with law, in all these matters.


 (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

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