Bombay High Court

NEW INDIA ASSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABADversusGORAKH SHANKAR YELMAME (DELETED) INDUBAI AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The withdrawal of the first appeals results in their disposal, and no further order is required from the Court.

Summary

The New India Insurance Company filed first appeals against awards of Motor Accident Claims Tribunals in two separate matters. The insurer later submitted withdrawal letters dated 25‑03‑2026, indicating that the compensation amounts, along with accrued interest, had already been deposited with the court registry. The appellant argued that the claimants could withdraw the funds as per the Tribunal’s directions without any further order from this Court. The Special Lok Adalat accepted the withdrawal, ordered the appeals to be disposed of, directed that the award be drawn up, and instructed the insurer to inform the claimants and their counsel. It also directed that any court‑fee refund be processed in accordance with law.

Issues considered

Whether a withdrawal of a first appeal after deposit of compensation with the court is permissible without further judicial order
Whether the court must pass any additional order beyond disposing of the appeal upon withdrawal

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

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

Judgment

2026:BHC-AUG:15650

                                         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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