Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABADversusHALIMA BEE WD/O GANI SHAIKH AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is deemed disposed upon the appellant's withdrawal of the appeal and acceptance of the Tribunal's award.

Summary

The New India Assurance Co. Ltd., through its branch manager, filed a first appeal under the Special Lok Adalat against the award of the Motor Accident Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No.130 of 2018. The appellant accepted the Tribunal's award and submitted a withdrawal pursis and authority letter dated 25.03.2026, indicating that the compensation amount had already been deposited with the Court registry. The Court considered the withdrawal as a final act, noting that the claimants could withdraw the amount with accrued interest as per the Tribunal's apportionment. Consequently, the Court ordered that the first appeal stand disposed and that the award be drawn up accordingly. The appellant also undertook to inform the claimants of the withdrawal and requested the refund of court fees, which the Court directed to be processed as per law.

Issues considered

Whether a first appeal before the Special Lok Adalat stands disposed upon the appellant's submission of a withdrawal pursis and acceptance of the Tribunal's award.

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Lok Adalat
withdrawal of appeal
motor accident claim
insurance
award
court fees

Judgment

2026:BHC-AUG:15655

                                                1                       22-FA-52-22.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)
                                                 …
                                  FIRST APPEAL NO. 52 OF 2022

                THE NEW INDIA ASSURANCE CO. LTD., THR ITS BRANCH MANAGER,
                                         AURANGABAD
                                            VERSUS
                        HALIMA BEE WD/O GANI SHAIKH AND OTHERS
                                               ...
                          Advocate for Appellant : Mr. Swapnil S. Rathi
                                               ...

                                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. Swapnil Rathi for the appellant and Mr. Dinesh

           Bankar, an authorized signatory of the 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 Exhibit -

           ‘X’ and ‘X-1’, for identification.
                                      2                             22-FA-52-22.odt


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

  claims Tribunal, Aurangabad, in Motor Accident Claim Petition No.130 of

  2018 and has filed the withdrawal pursis and authority letter on record.

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

  Pending Civil Application/s, if any, also stand 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 Tribunal. The amounts

  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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