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Bombay High Court

NEW INDIA ASSURANCE CO. LTD., THR ITS DIV. MANAGER, AURANGABADversusSHIVAJI MANIKRAO KINGRE AND ORS

Disposal
DISPOSED OFF

Holding

The court held that the withdrawal of the first appeals is permissible, leading to their disposal, and the claimants may withdraw the deposited compensation as directed by the tribunals.

Summary

The New India Assurance Co. Ltd., through its branch manager, filed first appeals against awards of the Motor Accident Claims Tribunal, Beed, in two motor accident claim petitions. The insurer later submitted withdrawal letters, accepting the tribunal awards and stating that compensation amounts had been deposited with the court registry. The court noted that claimants could withdraw the compensation with accrued interest as per tribunal directions, without further reference to the court. Accordingly, the court disposed of both first appeals and any pending civil applications, ordered the award to be drawn up, and directed the insurer to inform claimants and process court fee refunds. The order was made under the authority of the Legal Services Authorities Act, 1987, section 19.

Issues considered

  • Whether an appellant may withdraw a first appeal after accepting the award of a Motor Accident Claims Tribunal
  • Effect of withdrawal of an appeal on any pending civil applications in the same matter
  • Whether claimants are entitled to withdraw deposited compensation and accrued interest without further court intervention

Legislation cited

Subjects

  • insurance
  • motor accident claim
  • withdrawal of appeal
  • compensation
  • legal services authority
  • court fee refund

Judgment

2026:BHC-AUG:15657

                                         1                            23-FA-1052-22.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)
                                                 …
                               23 FIRST APPEAL NO. 1052 OF 2022
                WITH CIVIL APPLICATION NO. 7188 OF 2022 IN FA/1052/2022

                THE NEW INDIA ASSURNCE COMPANY LTD THROUGH BRANCH
                                       MANAGER
                                        VERSUS
                                 TAI SANTRAM SHINDE
                                          …
                           24 FIRST APPEAL NO. 4098 OF 2022

           NEW INDIA ASSURANCE CO. LTD., THR ITS DIV. MANAGER AURANGABAD
                                         VERSUS
                        SHIVAJI MANIKRAO KINGRE AND OTHERS
                                            ...
                       Advocate for Appellant : Mr. Sudhir V. 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. S. V. Kulkarni for the appellant and Mr. Sandesh

           Kamalakar and Mr. Dinesh Bankar, authorized signatories of the appellant-

           Insurance company, are present.

           2.    The appellant-insurance company has placed on record withdrawal
                                    2                               23-FA-1052-22.odt


   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 Exhibit- ‘X’ and ‘X-1’, for identification, in both the matters.

   3.     The appellant has accepted the awards passed by the concerned Motor

   Accident Claims Tribunal, Beed, in Motor Accident Claim Petitions Nos.55 of

   2014 and 111 of 2008.

   4.     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 Tribunals, without further reference to the order

   of this Court.

   5.     In view of the withdrawal pursis, both First Appeals stand disposed of.

   Pending Civil Application/s, if any, also stand/s 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 both the 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
rrd/ysk


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