Bombay High Court
M/S. SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABADversusSHITAL VASANT KALYANKAR AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeals were withdrawn and disposed of, with the deposited amount and interest to be paid to the claimants and court fees refundable.
Summary
The National Lok Adalat, constituted under Section 19 of the Legal Services Authorities Act, 1987, was convened to settle disputes arising from two first appeals filed by Shriram General Insurance Company Limited against claimants. The appellant presented a withdrawal petition supported by a pursis and authority letter (Exhibit‑X). The panel examined the withdrawal request and, finding it in order, permitted the appeals to be withdrawn and disposed of. It directed that the amount deposited by the insurer, along with any accrued interest, be paid to the claimants according to their entitlement, and that any court fees be refunded as per law. Consequently, the civil applications, if any, were also deemed disposed.
Issues considered
- Whether the first appeals filed by the insurer can be withdrawn before the National Lok Adalat
- Whether the deposited amount with interest should be disbursed to the claimants upon withdrawal
- Whether court fees are refundable upon disposal of the appeals
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- insurance claim
- settlement
- court fees refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:13960
P-3-FA-3459-18, ST-23609-18.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)
.…
FIRST APPEAL NO. 3459 OF 2018
SHRIRAM GENERAL INSURANCE COMPANY LIMITED
VERSUS
SURESH NAGNATHRAO SHINDE AND OTHERS
AND
FIRST APPEAL STAMP NO.23609 OF 2018
SHRIRAM GENERAL INSURANCE COMPANY LIMITED
VERSUS
SHITAL VASANT KALYANKAR AND OTHERS
.…
Mr. Swapnil S. Rathi, Advocate for the Appellant
.…
HON’BLE SHRI JUSTICE SHAILESH P. BRAHME
(Head of the Panel)
Shri KISHOR R. CHOUDHARI,
(Retired District Judge)
Smt. YOGITA S. THORAT, (Advocate),
(Member)
AWARD
1. Not on board. Taken on board.
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(( 2 )) P-3-FA-3459-18, ST-23609-18
2. The dispute between the parties has been referred for
settlement before the National Lok Adalat.
3. Advocate Mr. Swapnil Rathi present before the panel and
tenders on record the pursis of the withdrawal and the authority
letter, which are marked as Exhibit-"X".
4. The First Appeals are permitted to be withdrawn and
disposed of in view of the pursis at Exhibit-"X". Pending civil
applications, if any, stand disposed of.
5. The amount deposited by the appellant / insurance
company with the accrued interest, if any, shall be disbursed to the
respondents / claimants as per their entitlement.
6. The office shall process refund of the court fees as is
permissible in law.
Yogita S. Thorat Kishor R. Choudhari Shailesh P. Brahme, J.
Member Retired District Judge Head of the Panel
Date:- 14.03.2026
Place: Aurangabad
SMS
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