Bombay High Court
THE NEW INDIA ASSURANCE CO. LTD. THR ITS MANAGER SHARDA ASHOK MANDWEKARversusPRALHAD YELLAPPA JADHAV AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed as the appellant’s withdrawal is accepted, allowing the claimant to withdraw the deposited compensation with interest per the Tribunal’s directions.
Summary
The New India Assurance Company Limited filed a first appeal under the Special Lok Adalat, seeking to withdraw the appeal after having accepted the award of the Motor Accident Claims Tribunal, Osmanabad, in a 2011 motor accident claim. The appellant submitted a withdrawal pursis and an authority letter, and indicated that the compensation amount had already been deposited with the court registry. The respondent claimants were entitled to withdraw the deposited compensation along with accrued interest, as directed by the Tribunal. The Court examined whether the withdrawal of the appeal and the subsequent release of the funds could be effected without further judicial intervention. Finding the appellant’s withdrawal proper and in compliance with the Tribunal’s directions, the Court disposed of the appeal and any pending civil applications, ordered the award to be drawn up, and directed the insurer to inform the claimants. The Court also directed that the request for refund of court fees be processed according to law.
Issues considered
- Whether the appellant can withdraw a Special Lok Adalat appeal after accepting the Tribunal's award
- Whether the compensation deposited with the court can be withdrawn by the claimant with accrued interest
- Procedural effect of a withdrawal pursis on pending civil applications
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- motor accident compensation
- insurance
- court fees refund
- Legal Services Authorities Act
- Special Lok Adalat
Judgment
2026:BHC-AUG:15653
1 17-FA-859-19.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. 859 OF 2019
WITH CIVIL APPLICATION NO. 965 OF 2015 IN FA/859/2019
THE NEW INDIA ASSURANCE COMPANY LIMITED THROUGH
ITS MANAGER SHARDA ASHOK MANDWEKAR
VERSUS
PRALHAD YELLAPPA JADHAV AND ANOTHER
...
Advocate for Appellant : Mr. M. M. Ambhore
...
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. M. Ambhore for the appellant and Mr.Dinesh
Bankar, an authorised signatory of the appellant-insurance 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 17-FA-859-19.odt
3. The appellant has accepted the award passed by the Motor Accident
Claims Tribunal, Osmanabad, in Motor Accident Claim Petition No.86 of
2011.
4. Learned Advocate for the appellant submitted that the amount of
compensation has been deposited with the Registry of this Court. As such,
the claimant is permitted to withdraw the amount of compensation along
with accrued interest till date thereon, as per directions of the concerned
Tribunal without further reference to the order of this Court.
5. In view of the withdrawal pursis, First Appeal stands disposed of.
Pending Civil Application/s, if any, also stand disposed of.
6. The award be drawn up accordingly.
7. The appellant-Insurance Company undertakes to communicate the
withdrawal of First Appeal to the claimant and his 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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