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Bombay High Court

NEW INDIA ASSURANCE COMPANY LTDversusSINDHU RAOSAHEB JONDHALE AND ANR

Disposal
DISPOSED OFF

Holding

All first appeals and pending civil applications are disposed of upon acceptance of the insurance company's withdrawal letters.

Summary

The Special Lok Adalat of the Bombay High Court, Aurangabad bench, heard a batch of first appeals and civil applications filed by New India Assurance Co. Ltd. against various claimants arising from motor accident claim petitions. The insurance company submitted withdrawal letters and authority letters authorizing its signatories to withdraw the appeals. The court condoned the delay in filing the appeals and accepted the withdrawals, noting that compensation amounts had already been deposited with the court registry. It directed that claimants could withdraw the deposited compensation with accrued interest as per the tribunal's directions, without further reference to the court's order. Consequently, all the first appeals and any pending civil applications were ordered disposed, and the insurance company was instructed to process court fee refunds in accordance with law.

Issues considered

  • Whether the court should condone the delay in filing the first appeals.
  • Whether the withdrawal letters submitted by the insurance company are sufficient to dispose of the appeals.
  • Whether claimants may withdraw the compensation already deposited with the court registry.

Subjects

  • Motor Accident Claims
  • Withdrawal of Appeal
  • Condonation of Delay
  • Insurance Compensation
  • Court Fees Refund
  • Special Lok Adalat

Judgment

2026:BHC-AUG:15628

                                          1                            9-FA-2607-15.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)
                                                 …
                                9 FIRST APPEAL NO. 2607 OF 2015

                           NEW INDIA ASSURANCE COMPANY LIMITED
                                          VERSUS
                         SINDHU RAOSAHEB JONDHALE AND ANOTHER
                                            ...
                             WITH FIRST APPEAL NO. 834 OF 2014

                        NEW INDIA ASSURANCE COMPANY LIMITED
                                         VERSUS
                        RANJANA VILAS WAGHMARE AND ANOTHER
                                           ...
                             12 FIRST APPEAL NO. 156 OF 2017
                 WITH CIVIL APPLICATION NO. 10000 OF 2008 IN FA/156/2017

                          THE NEW INDIA ASSURANCE CO. LIMITED.
                                         VERSUS
                         KARBHARI BABURAO GAADAWE AND OTHERS
                                           …
                             16 FIRST APPEAL NO. 393 OF 2019
        THE NEW INDIA ASSURANCE CO. LIMITED., THR ITS SR. DIV. MANAGER, AURANGABAD
                                         VERSUS
                        KANTABAI BHAGWAN PALASPAGAR AND OTHERS
                                            …
                             19 FIRST APPEAL NO. 2115 OF 2019

             THE NEW INDIA ASSURANCE CO. LIMITED. THROUGH ITS IN-CHARGE
                        (LEGAL HUB) RAVIKANT RAJENDRA YADAV
                                        VERSUS
                         CHHAYA SUKHDEO WAGH AND OTHERS
                                          …
                            27 FIRST APPEAL NO. 614 OF 2025
               THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS
                           ASSURANCE COMPANY LIMITED
                                      VERSUS
                          CHAYA DIPAK KATARI AND ASOTHER
                         2                        9-FA-2607-15.odt


                              …
                28 FIRST APPEAL NO. 628 OF 2025
    WITH CIVIL APPLICATION NO. 8794 OF 2024 IN FA/628/2025

  THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS
                   ASSURANCE CO LIMITED
                          VERSUS
              SOJAR NANA KATARI AND OTHERS
                            …
              29 FIRST APPEAL NO. 782 OF 2025

  THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS
                    ASSURANCE CO LIMITED
                           VERSUS
             DURGABAI ASHOK SHINDE AND OTHERS
                              …
    43 CIVIL APPLICATION NO. 469 OF 2018 IN FAST/215/2018
   WITH CIVIL APPLICATION NO. 470 OF 2018 IN FAST/215/2018

      NEW INDIA INSURANCE CO. LIMITED., THROUGH ITS
                  DIV. MANAGER, AURANGABAD
                            VERSUS
           BABANOTHERAO BALAJI RAUT AND OTHERS
                              ...
  45 CIVIL APPLICATION NO. 12323 OF 2018 IN FAST/29231/2018
 WITH CIVIL APPLICATION NO. 12324 OF 2018 IN FAST/29231/2018

THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LIMITED.,
                         AURANGABAD
                           VERSUS
          SAKHARBAI LAXMAN KUSALKAR AND OTHERS
                               ...
    46 CIVIL APPLICATION NO. 13342 OF 2024 IN FA/2149/2022

                 MAHADEV SHRIMANT GARAD
                          VERSUS
THE NEW INDIA ASSURANCE CO LIMITED, AURANGABAD AND OTHERS
                             ...
             WITH FIRST APPEAL NO. 2149 OF 2022

     THE NEW INDIA ASSURANCE CO. LIMITED., AURANGABAD
                          VERSUS
                   PRIYA RAHUL GAIKWAD
                            ...
                                 3                              9-FA-2607-15.odt


                       FIRST APPEAL NO.615 OF 2025

      THE BRANCH MANAGER NEW INDIA INSURANCE CORRECTED AS
                         ASSURANCE COMPANY LTD
                                    VERSUS
                SHAKILABAI HARSING KATARI AND ANOTHER
                                       …
     Advocate for Appellant-Insurance company : 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.      Not on board. First Appeal No.615 of 2025 is taken on board.

2.      Heard. Delay caused in filing appeal is condoned. Civil Applications

for delay also stand/s disposed of.

3.      Learned Advocate Mr. S. R. Bodade for the appellant and Mr.Sandesh

Kamalakar, Mr. Shankar Sangale and Mr. Dinesh Bankar, authorised

signatories of the appellant-Insurance company, are present.

4.      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 in each matter. The same are taken on

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

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

Accident Claims Tribunals, in all these Motor Accident Claim Petitions.
                                   4                             9-FA-2607-15.odt


  6.    Learned Advocate for the appellant 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.

  7.    The award be drawn up accordingly.

  8.    In view of the withdrawal pursis, all these First Appeals stand

  disposed of. Pending Civil Application/s, if any, also stand/s disposed of.

  9.    The appellant-Insurance Company undertakes to communicate the

  withdrawal of First Appeals to the claimants and their Advocate.

  10.   In all these matters, 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




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