Bombay High Court

Branch Manager New India Assurance Com Ltd Through Its Manager The New India Assurance Co LtdversusSajiya Vahid Pathan Sajiya Rajmahmad Shaikh and Ors

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of as the appellant has lawfully withdrawn it and accepted the award.

Summary

The New India Assurance Company filed a withdrawal pursis and an authority letter, indicating its intention to withdraw the first appeals it had filed against several claimants in motor accident matters. The insurer had previously accepted the awards rendered by the Motor Accident Claims Tribunal, Shrirampur, in petitions numbered 155 to 159 of 2021. The Special Lok Adalat, presided over by Justice Sandipkumar C. More, considered the withdrawal and the acceptance of the tribunal awards. It held that, in view of the withdrawal, the first appeals and the related civil applications should be disposed of. Consequently, the court ordered that the award be drawn up, the insurer communicate the withdrawal to the claimants, and the court fees be refunded as per law.

Issues considered

Whether the appellant insurance company may lawfully withdraw its first appeal after accepting the tribunal award
Whether the withdrawal of the appeal results in the disposal of the pending civil applications

Subjects

withdrawal of appeal
motor accident claim
insurance
Special Lok Adalat
civil application disposal
court fee refund

Judgment

2026:BHC-AUG:15659

                                         1                            30-FA-1499-25.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. 1499 OF 2025
             BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
                     MANAGER THE NEW INDIA ASSURANCE CO LTD
                                     VERSUS
                         SAJIDA NASIR KHAN AND OTHERS
                                        ...
                        WITH FIRST APPEAL NO. 2951 OF 2025
             BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
                      MANAGER THE NEW INDIA ASSURANCE CO LTD
                                        VERSUS
              SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
                                          ...
                          WITH FIRST APPEAL NO. 2937 OF 2025
             BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITS
                      MANAGER THE NEW INDIA ASSURANCE CO LTD
                                        VERSUS
                           SWALEHA NASIR KHAN AND OTHERS
                                           ...
               WITH CIVIL APPLICATION NO. 8747 OF 2025 IN FAST/15320/2025

              SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
                                        VERSUS
                                ARUN HARIBHAU MHASKE
                                          ...
                WITH CIVIL APPLICATION NO. 8763 OF 2025 IN FA/2937/2025
                           SWALEHA NASIR KHAN AND OTHERS
                                        VERSUS
                                ARUN HARIBHAU MHASKE
                                          ...
                WITH CIVIL APPLICATION NO. 8737 OF 2025 IN FA/2951/2025
              SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND OTHERS
                                        VERSUS
                         ARUN HARIBHAU MHASKE AND OTHERS
                                          …
                                 2                          30-FA-1499-25.odt


     WITH CIVIL APPLICATION NO. 8758 OF 2025 IN FAST/15071/2025

                     NIHAL NASIR KHAN AND OTHERS
                                  VERSUS
                        ARUN HARIBHAU MHASKE
                                     ...
       Advocate for Appellant/Insurance Company : Ms. Anagha Rotte
          Advocate for Respondent No.1 : Mr. Shaikh Sohail Yusuf
                                     ...
                     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 Ms. Anagha Rotte for the appellant and Mr.Sandesh

Kamlakar, an authorized signatory of the appellant - New India Assurance

Company, are present.


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

authorized signatory. The same are taken on record and marked as ‘X’ and

‘X-1’, for identification.


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

Claims Tribunal, Shrirampur, District Ahmednagar, in the Motor Accident

Claim Petitions No. 155, 156, 157, 158, 159 of 2021, respectively.
                                    3                             30-FA-1499-25.odt




  4.        In view of the withdrawal pursis, First Appeal stands disposed of.

  Pending Civil Applications also stand disposed of.


  5.        The award be drawn up accordingly.


  6.        The appellant-Insurance Company undertakes to communicate the

  withdrawal of First Appeal to the claimants and their Advocate.


  7.        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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