Bombay High Court

THE NEW INDIA ASSURANCE CO LTDversusNANDKUMAR SHAMRAO KALE AND OTHERS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of as withdrawn, and the award is to be drawn up for payment to the claimants.

Summary

The New India Assurance Co. Ltd filed a first appeal (No. 960 of 2026) against claimants Nandkumar Shamrao Kale and others, seeking to withdraw the appeal after accepting the award of the Motor Accident Claims Tribunal, Shrirampur (Petition No. 171 of 2020). The appellant submitted a withdrawal pursis and authority letter dated 25 March 2026, indicating that the compensation amount, already deposited with the court registry, should be released to the claimants with accrued interest as per the Tribunal's apportionment. The Special Lok Adalat, headed by Justice Sandipkumar C. More, noted the withdrawal and ordered the appeal to be disposed of, directing the award to be drawn up accordingly. The court also directed the insurer to inform the claimants and their counsel of the withdrawal and to process any refund of court fees. Consequently, the appeal and any pending civil applications were dismissed.

Issues considered

Can an appellant withdraw a first appeal after accepting the award of a Motor Accident Claims Tribunal?
Is the compensation amount deposited with the court to be released to claimants upon withdrawal of the appeal?

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

appeal withdrawal
motor accident claim
insurance compensation
Legal Services Authorities Act
Special Lok Adalat

Judgment

2026:BHC-AUG:15666

                                             1                         34-FA-960-26.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. 960 OF 2026

                               THE NEW INDIA ASSURANCE CO LTD
                                              VERSUS
                            NANDKUMAR SHAMRAO KALE AND OTHERS
                                                  ...
                           Advocate for Appellant : Mr. Mohit R. Deshmukh
                                                  ...

                                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. R. Deshmukh for the appellant and

           Mr.Sandesh Kamlakar, 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                            34-FA-960-26.odt


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

    Claims Tribunal, Shrirampur, District Ahmednagar, in Motor Accident Claim

    Petition No.171 of 2020.

    4.    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 the concerned Tribunal.

    The amount 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, if any, also stands 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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