Bombay High Court

THE NEW INDIA ASSURNACE CO LTD THROUGH ITS DIVSIIONAL MANAGERversusHASINA ASHFAK SHAIKH AND OTHERS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The First Appeal stands disposed upon the appellant's withdrawal of the appeal.

Summary

The New India Assurance Company Ltd filed a First Appeal before the Special Lok Adalat of the Bombay High Court, Aurangabad Bench, challenging the award of the Motor Accident Claims Tribunal in Petition No. 387 of 2021. The appellant submitted a withdrawal pursis and an authority letter, indicating acceptance of the Tribunal's award and the deposit of compensation with the Court Registry. The Court noted that the claimants could withdraw the deposited amount with accrued interest as per the Tribunal's apportionment. Consequently, the Court ordered the First Appeal and the pending civil application to be disposed. The appellant also undertook to inform the claimants of the withdrawal and requested processing of court fee refund.

Issues considered

Whether the appellant may withdraw the First Appeal after accepting the Motor Accident Claims Tribunal award
Whether the pending civil application stands disposed upon withdrawal of the appeal

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

motor accident claim
insurance
Special Lok Adalat
withdrawal of appeal
compensation
court fees refund

Judgment

2026:BHC-AUG:15665

                                            1                         31-FA-3381-25.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. 3381 OF 2025
                WITH CIVIL APPLICATION NO. 14922 OF 2022 IN FA/3381/2025

                THE NEW INDIA ASSURANCE CO LTD THROUGH ITS DIVISIONAL
                                         MANAGER
                                          VERSUS
                          HASINA ASHFAK SHAIKH AND OTHERS
                                              ...
                       Advocate for Appellant : Mr. Mohit R. Deshmukh
                                              ...

                                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. Mohit 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 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.
                                    2                             31-FA-3381-25.odt


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

    Claims Tribunal, Aurangabad in Motor Accident Claim Petition No. 387 of

    2021.

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

    Pending Civil Application 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

    claimants are 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 claimants 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



ysk/rrd

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