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2026 DAILYLAW 1005 (BOM)

NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD v. ASHA AVINASH KHADSE AND ORS

CA/5939/2018 · 2026-03-29

Lok Adalat

body2026

Judgment text

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1 44-CA-5939-18.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) … CIVIL APPLICATION NO. 5939 OF 2018 IN FAST/13449/2018 WITH FAST/13449/2018 NEW INDIA ASSURANCE CO. LTD., THROUGH ITS AUTHORIZED SIGNATORY, AURANGABAD VERSUS ASHA AVINASH KHADSE AND OTHERS ... Advocate for Applicant : 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. Heard. The delay caused in filing appeal stands condoned. The appeal be registered forthwith. Civil Application No.5939 of 2018 stands disposed of accordingly. 2. Learned Advocate Mr. M. R. Deshmukh for the appellant and Mr.Shankar Sangle, authorized signatory of the appellant- New India Assurance Company, are present. 3. The appellant/Insurance Company has placed on record withdrawal pursis as well as 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. 2026:BHC-AUG:15675 2 44-CA-5939-18.odt 4. The appellant has accepted the award passed by the Motor accident claims Tribunal, Aurangabad in Motor Accident Claim Petition No.689 of 2014. 5. The learned Advocate for claimants/respondent Nos. 1 to 4 pointed out that respondent No.5, Sharlet Rameshwar Khadse, who is the mother of the deceased, is no more and she has died on 29.07.2020. The pursis alongwith the death certificate to that effect, is produced on record and marked ‘X-2’, collectively. The other dependents of the deceased are already on record in the form of remaining claimants. As such, the amount of compensation now be distributed among the remaining claimants equally alongwith proportionate interest accrued thereon. 6. 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 alongwith accrued interest thereon till date as per the apportionment mentioned above. The amount be paid to the claimants without further reference to the order of this Court. 7. In view of the withdrawal pursis, First Appeal stands disposed of. Pending Civil Application/s, if any, also stand disposed of. The award be drawn up accordingly. 8. The appellant-Insurance Company undertakes to communicate the withdrawal of First Appeal to the claimants and their Advocate. 9. The request of refund of Court fees shall be processed by the office in accordance with law. (A. M. PHULE) MEMBER (S. G. SHETE) RETD. DISTRICT JUDGE (SANDIPKUMAR C. MORE, J.) HEAD OF THE PANEL Date: 29.03.2026 Place: Aurangabad ysk/rrd