Bombay High Court

THE ORIENTAL INSURANCE CO. LTDversusAATISH SUBHASH JAWALE AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The delay was condoned and the First Appeal was disposed of as withdrawn, with the deposited amount and interest permitted to be withdrawn by the respondents-claimants as per the MACT apportionment order.

Summary

The Oriental Insurance Co. Ltd. filed First Appeal (ST) No. 32443 of 2012 before the Bombay High Court, Aurangabad Bench, along with Civil Applications No. 10018/2013 and 10019/2013. Civil Application No. 10018/2013 sought condonation of 102 days delay in filing the appeal. The matter was referred to the National Lok Adalat held at the High Court under section 19 of the Legal Services Authorities Act, 1987. The Lok Adalat allowed the delay condonation application and directed registration of the First Appeal. The appellant's advocate, along with the authorized signatory, appeared and filed a withdrawal pursis and authority letter. In view of the withdrawal pursis, the First Appeal was disposed of as withdrawn. The amount deposited by the Insurance Company in Court with accrued interest was permitted to be withdrawn by the respondents-claimants as per the apportionment order of the Motor Accident Claims Tribunal, Aurangabad in MACP No. 478/2004. The Insurance Company was directed to communicate the withdrawal to the claimants, and parties were informed that court fee, if any, would be refunded.

Issues considered

Whether the delay of 102 days in filing the First Appeal deserves to be condoned?
Whether the First Appeal should be disposed of as withdrawn in view of the withdrawal pursis filed by the appellant?
Whether the amount deposited by the appellant Insurance Company along with accrued interest can be permitted to be withdrawn by the respondents-claimants as per the order of apportionment passed by the Motor Accident Claims Tribunal?

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Lok Adalat
Motor Accident Claims
Condonation of Delay
Withdrawal of Appeal
Insurance
Apportionment
Refund of Court Fee

Judgment

                                   (1)
                                                  62-FAST-32443-2012.odt
     BEFORE THE NATIONAL LOK ADALAT HELD AT HIGH COURT OF
                 BOMBAY BENCH AT AURANGABAD

      Organized by High Court Legal Services Sub-Committee,
Aurangabad under section 19, of the Legal Services Authorities Act,
1987 (Central Act)

Appellant : The Oriental Insurance Co. Ltd.

Respondents : Aatish Subhash Jawale And Ors.

No. of proceedings : FIRST APPEAL (ST) NO. 32443 OF 2012
                     WITH CA/10018/2013 AND CA/10019/2013

Advocate for Appellant : Mr.A.A. Puranik h/f Mr.A.S. Deshpande

Name of Hon’ble High Court Judge: VAISHALI PATIL-JADHAV

Retired Judicial Officer: Shri. S. G. SHETE

Name of Member : ADV. A.M. PHULE

                                AWARD

1.           The dispute between the parties having been referred for
determination to the Lok Adalat.

2.           Civil Application No. 10018/2013 is filed for condonation
of delay of 102 days caused in filing the First Appeal.

3.           For the reasons stated in the application, application is
allowed. Delay stands condoned. Office to register First Appeal. Civil
Application stands disposed off.

4.           Learned Advocate Mr. A. A. Puranik h/f Mr. A. S.
Deshpande along with Mr. Viral B. Durge, the authorized signatory
of the Oriental Insurance Co. Ltd., is present with withdrawal pursis
and authority letter, which are taken on record and marked as "X"
and "X-I".
                                    (2)
                                                   62-FAST-32443-2012.odt


5.            In view of the withdrawal pursis, First Appeal stands
disposed of. Civil Application, if any, stands disposed of.


6.            In view of withdrawal of appeal, the amount deposited
by the Appellant - Insurance Company in this Court alongwith
accrued interest thereon is permitted to be withdrawn by the
Respondents-Claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Aurangabad Dist. Aurangabad in
MACP No. 478/2004 without any reference to this Court.


7.            The Appellant - Insurance Company undertakes to
communicate the withdrawal of Appeal to the claimants or their
Advocate.


8.            The parties are informed that the Court fee, if any, paid by
any of them, shall be refunded.



       (A.M. PHULE)         (S.G. SHETE)      (VAISHALI PATIL-JADHAV)
         MEMBER            DISTRICT JUDGE        HEAD OF THE PANEL
                              (RETIRED)


 Date: 09.05.2026

DAE/                                 (Seal of the Authority/Committee)

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