Bombay High Court

NEW INDIA ASSURANCE CO LTD.versusBHAGWAN @ APPASAHEB HARIBHAU WAYAL AND ANR

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of upon the appellant's withdrawal, and the award is to be drawn up accordingly.

Summary

The appellant, New India Assurance Co. Ltd., filed a first appeal (No. 2063 of 2008) against a judgment in a motor accident claim but subsequently accepted the award rendered by the Motor Accident Claims Tribunal, Jalna, in Petition No. 41 of 2007. The insurance company deposited the compensation amount with the court registry and submitted a withdrawal pursis and authority letter dated 27.03.2026, seeking to withdraw the appeal and allow the claimant to collect the awarded sum with accrued interest. The court noted that the appellant had fulfilled the conditions for withdrawal and ordered that the appeal stand disposed of, with the award to be drawn up accordingly. It also directed the insurer to inform the claimant and his counsel of the withdrawal and to process any refund of court fees as per law. Consequently, the pending civil application, if any, was also disposed of.

Issues considered

Whether an appeal can be withdrawn after the appellant has accepted the award and deposited the compensation with the court.

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

withdrawal of appeal
motor accident claim
insurance compensation
Legal Services Authorities Act
court fee refund
award execution

Judgment

2026:BHC-AUG:15597

                                                1                        2-FA-2063-08.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. 2063 OF 2008

                                 NEW INDIA ASSURANCE CO LTD.
                                                VERSUS
                   BHAGWAN @ APPASAHEB HARIBHAU WAYAL AND ANOTHER
                                                   ...
                Advocate for Appellant : Mr. R. R. Imale h/f. Mr. Dhananjay Deshpande
                                                   ...

                                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. R. R. Imale for the appellant 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 27.03.2026 in the name of aforesaid

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

           ‘X’ and ‘X-1’, for identification.
                                     2                             2-FA-2063-08.odt


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

    Claims Tribunal, Jalna, in Motor Accident Claim Petition No.41 of 2007.

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

    compensation has been deposited with the Registry of this Court. As such,

    the claimant is permitted to withdraw the amount of compensation along

    with accrued interest till date thereon.       The amount be paid to the

    claimant/s 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 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        Rtd. DISTRICT JUDGE               HEAD OF THE PANEL


    Date: 29.03.2026
    Place: Aurangabad




rrd/ysk

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