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Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD., THR ITS SR. DIV. MANAGER, AURANGABADversusKANTABAI BHAGWAN PALASPAGAR AND ORS

Disposal
DISPOSED OFF

Holding

The court held that the withdrawal of the first appeals is accepted, the appeals are disposed of, and claimants may withdraw the deposited compensation with interest.

Summary

The Special Lok Adalat of the Bombay High Court, Aurangabad bench, heard a batch of first appeals filed by New India Assurance Company Limited relating to motor accident claim petitions. The appellant filed withdrawal letters and authority letters for each matter, which the court accepted and marked as exhibits. The court condoned the delay in filing the appeals and disposed of any pending civil applications. It directed that the compensation amounts already deposited with the court registry be released to the claimants with accrued interest, without further reference to the court’s order. The court ordered the appeals to be dismissed, the withdrawal communicated to claimants, and the refund of court fees to be processed as per law.

Issues considered

  • Whether a withdrawal of appeal filed after a delay can be accepted by the court.
  • Effect of withdrawal of appeal on pending civil applications.
  • Whether claimants may withdraw deposited compensation amounts with interest upon withdrawal of the appeal.

Legislation cited

Subjects

  • withdrawal of appeal
  • condonation of delay
  • motor accident claim
  • insurance compensation
  • court fees refund
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:15633

                                          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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