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Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD. THRU. DIVISIONAL MANAGER, AURANGABADversusSUMANT RAGNATH SASE AND OTHERS

Disposal
DISPOSED OFF

Holding

The appeal is disposed of as the appellant has withdrawn it and accepted the Tribunal's award.

Summary

The New India Assurance Company Limited filed a first appeal (No. 2993 of 2013) against the award of the Motor Accident Claims Tribunal, Ahmednagar, in favour of Sumant Ragnath Sase and others. The appellant submitted a withdrawal pursis and authority letter dated 25.03.2026, indicating its acceptance of the Tribunal's award and the deposit of the compensation amount with the court registry. The Special Lok Adalat noted that the appellant had fulfilled the award and sought to withdraw the appeal and the pending civil applications. The court accepted the withdrawal, ordered the award to be drawn up accordingly, and directed the insurer to communicate the withdrawal to the claimants. Consequently, the first appeal and the related civil applications were disposed of, and the claimants were to receive the compensation with accrued interest without further reference to the court’s order.

Issues considered

  • Whether the appellant can withdraw its first appeal after accepting the award of the Motor Accident Claims Tribunal
  • Effect of withdrawal of appeal on pending civil applications and the award

Legislation cited

Subjects

  • withdrawal of appeal
  • Motor Accident Claims Tribunal
  • Lok Adalat
  • insurance compensation
  • court fees
  • award acceptance

Judgment

2026:BHC-AUG:15617

                                            1                            7-FA-2993-13.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. 2993 OF 2013
                WITH CIVIL APPLICATION NO. 15024 OF 2013 IN FA/2993/2013
                WITH CIVIL APPLICATION NO. 6335 OF 2014 IN FA/2993/2013

                 THE NEW INDIA ASSURANCE COMPANY LIMITED THROUGH
                             DIVISIONAL MANAGER, AURANGABAD
                                              VERSUS
                             SUMANT RAGNATH SASE AND OTHERS
                                                 ...
                Advocate for Appellant : Mr. Shriram P. Kulkarni, Mr. M. S. Kulkarni
                                                …

                               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. M. R. Deshmukh for the appellant and

           Mr.Sandesh Kamlakar, authorized signatory of the appellant-New India

           Assurance Company, are present.

           2.    The appellant/Insurance Company has placed on record withdrawal

           pursis and 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.
                                       2                             7-FA-2993-13.odt


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

      Claims Tribunal, Ahmednagar, in Motor Accident Claim Petition No. 71 of

      2005.

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

      Pending Civil Applications also stands disposed of.

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

      compensation has been deposited with the Registry of this Court and the

      claimant is permitted to withdraw the same along with accrued interest

      thereon till date as per the apportionment made by the concerned Tribunal.

      The amount, be paid to the claimant without further reference to the order

      of this Court.

      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



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