Created by Fuzzy Cloud

Bombay High Court

M/S. SHRIRAM GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABADversusSHITAL VASANT KALYANKAR AND ORS

Disposal
DISPOSED OFF

Holding

The First Appeals are permitted to be withdrawn and disposed of in view of the withdrawal petition and authority letter.

Summary

The National Lok Adalat, convened under Section 19 of the Legal Services Authorities Act, 1987, heard First Appeal No. 3459 of 2018 filed by Shriram General Insurance Company Ltd against several claimants. The appellant, through Advocate Mr. Swapnil S. Rathi, submitted a withdrawal petition along with the requisite authority letter (Exhibit‑X). The panel examined the withdrawal request and found it in order, allowing the appeal to be withdrawn and the matter disposed. The court directed that the amount deposited by the insurer, together with any accrued interest, be paid to the claimants according to their respective entitlements. It also ordered the refund of court fees as permitted by law.

Issues considered

  • Whether the First Appeal filed by the insurer can be withdrawn before the National Lok Adalat
  • Whether the claimants are entitled to the deposited amount with interest upon withdrawal of the appeal
  • Whether court fees are refundable in such a settlement

Legislation cited

Subjects

  • National Lok Adalat
  • withdrawal of appeal
  • insurance claim settlement
  • court fees refund
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:13959


                                                                  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.



                                                                                         1 of 2
                                    (( 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



                                                                 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.