Bombay High Court

THE NEW INDIA ASSURANCE CO LTD THROUGH ITS BRANCH MANAGERversusJULEKHABI YUSUF SHAIKH AND OTHERS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of upon the appellant’s withdrawal of the first appeal.

Summary

The New India Assurance Co. Ltd., through its branch manager, filed a first appeal before the Special Lok Adalat at the High Court of Bombay, Aurangabad Bench, seeking to enforce an award granted by the Motor Accident Claims Tribunal, Parbhani, in 2019. The appellant submitted a withdrawal pursis and authority letter dated 25‑03‑2026, indicating that the claimant had already withdrawn 50% of the compensation with interest and now wished to withdraw the remaining 50% with accrued interest. The appellant requested that the remaining amount be paid to the claimants without further reference to the Court’s order. The Court accepted the withdrawal, disposed of the first appeal and any pending civil applications, and directed that the award be drawn up accordingly. The appellant undertook to inform the claimants and their counsel of the withdrawal and the Court fees refund was to be processed as per law.

Issues considered

Whether a first appeal before the Special Lok Adalat can be withdrawn after the appellant has accepted the award of the Motor Accident Claims Tribunal.
Whether the remaining balance of compensation can be released to the claimants without further judicial intervention.

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Insurance
Motor Accident Claim
Withdrawal of Appeal
Special Lok Adalat
Legal Services

Judgment

                                  1                         32-FA-879-26.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. 879 OF 2026

THE NEW INDIA ASSURANCE CO LTD THROUGH ITS BRANCH MANAGER
                              VERSUS
              JULEKHABI YUSUF SHAIKH AND OTHERS
                                 ...
            Advocate for Appellant : Mr. Swapnil S. Rathi
      Advocate for Respondent No.1 : Mr. Pawankumar S. Agrawal
                                 ...

                     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.Shankar

Sangle, an authorized signatory of the appellant-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 ‘X’ and

‘X-1’, for identification.
                                      2                               32-FA-879-26.odt


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

     Claims Tribunal, Parbhani, in Motor Accident Claim Petition No. 355 of

     2019 and has filed the withdrawal pursis and authority letter on record.

     4.    Learned Advocate for the appellant submitted that the amount of

     compensation has been deposited with the Registry of this Court and the

     claimant had already withdrawal 50% of the same along with the

     proportionate interest under order dated 16 th January 2026. As such, the

     claimant is now permitted to withdraw the remaining 50% amount of

     compensation 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.

     5.    In view of the withdrawal pursis, First Appeal stands 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 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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