Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABADversusSHAKILABEE W/O SHAIKH SHARIFF AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal was withdrawn and disposed of because the appellant had fully satisfied the award.

Summary

The New India Assurance Co. Ltd. (appellant) filed a first appeal against a motor accident claim judgment but subsequently deposited the full compensation amount, including accrued interest, as ordered by the Motor Accident Claims Tribunal, Aurangabad. The appellant submitted withdrawal pursis and an authority letter authorizing the withdrawal of the appeal. The court noted that the award had been fully satisfied and allowed the appellant to withdraw the appeal and any pending civil application. Consequently, the first appeal was disposed of, the award was to be formally drawn up, and the appellant undertook to inform the claimants of the withdrawal. The court also directed that the refund of court fees be processed as per law.

Issues considered

Whether an appeal can be withdrawn after the appellant has fully satisfied the award and deposited the compensation with interest.

Subjects

insurance
motor accident claim
withdrawal of appeal
award satisfaction
court fees refund
Legal Services Authorities Act

Judgment

                              1                            15-FA-2148-18.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. 2148 OF 2018
       WITH CIVIL APPLICATION NO. 4531 OF 2018 IN FA/2148/2018

     THE NEW INDIA ASSURANCE CO. LTD., THR ITS BRANCH MANAGER,
                            AURANGABAD
                               VERSUS
            SHAKILABEE W/O SHAIKH SHARIFF AND OTHERS
                                 …
       WITH CIVIL APPLICATION NO. 9176 OF 2018 IN FA/2148/2018

           SHAKILABEE W/O SHAIKH SHARIFF AND OTHERS
                                 VERSUS
  THE NEW INDIA ASSURANCE CO. LTD., THR ITS BRANCH MANAGER,
                      AURANGABAD AND OTHERS
                                    ...
Advocate for Appellant-insurance company: 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. Osmanpurkar for the appellant and

Mr.Sandesh Kamlakar, an authorised signatory of the appellant-insurance

company, are present.
                                     2                              15-FA-2148-18.odt


    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

    respective authorized signatories in each matter. The same are taken on

    record and marked as Exhibit- ‘X’ and ‘X-1’, for identification.

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

    Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No.46 of

    2014.

    4.      Learned Advocate for the appellant submitted that entire amount 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, 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)           (SANDIPKUMAR C. MORE, J.)
    MEMBER       Retd. DISTRICT JUDGE                HEAD OF THE PANEL
    Date: 29.03.2026
    Place: Aurangabad
rrd/ysk

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