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Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD. THR ITS MANAGER SHARDA ASHOK MANDWEKARversusPRALHAD YELLAPPA JADHAV AND ANOTHER

Disposal
DISPOSED OFF

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  • Whether the compensation deposited with the court can be withdrawn by the claimant with accrued interest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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