Bombay High Court
NEW INDIA ASSURANCE COMPANYLTD AURANGBAD THROUGH DIVNL. MANAGERversusSUBHASHRAO LIMBAJIRAO GITE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed as withdrawn, and the deposited amount with interest may be withdrawn by the claimants per the MACP order.
Summary
The dispute between New India Assurance Co. Ltd. (appellant) and Subhashrao Limbajirao Gite et al. (respondents) was referred to a Lok Adalat under the Legal Services Authorities Act, 1987. The appellant filed a first appeal but subsequently submitted a withdrawal petition with authority, seeking to withdraw the appeal. The Lok Adalat panel held that the appeal stands disposed upon withdrawal, and the amount deposited by the insurer along with accrued interest may be withdrawn by the claimants as per the order of the Motor Accident Claims Tribunal, Parbhani (MACP No. 228/2007). The insurer was directed to communicate the withdrawal to the claimants, and any court fee paid is to be refunded as per the rules. Consequently, the appeal was dismissed and the matter concluded.
Issues considered
- Whether an appeal filed before a Lok Adalat can be withdrawn and thereby disposed of.
- How the deposited amount and accrued interest should be dealt with upon withdrawal of the appeal.
- Whether court fees paid are refundable after withdrawal of the appeal.
Legislation cited
Subjects
- Lok Adalat
- appeal withdrawal
- insurance claim
- Motor Accident Claims Tribunal
- court fee refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:22149 18 FIRST APPEAL NO. 659 OF 2010
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 : New India Assurance Company Ltd. Aurangabad Through
Divnl. Manager
Respondents : Subhashrao Limbajirao Gite And Ors.
No. of proceedings : FIRST APPEAL NO. 659 OF 2010
Advocate for Appellant : Mr. M. R. Deshmukh
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. Learned Advocate Mr. M. R. Deshmukh along with Mr.
S. D. Kamlakar, Manager, The New India Assurance Co. Ltd., is
present with withdrawal pursis and authority letter, which are
marked as "X" and "X-1" respectively.
3. In view of the withdrawal pursis, appeal stands disposed
of. Civil Application, if any, stands disposed of.
4. In view of withdrawal of appeal, the amount deposited
by the appellant - Insurance Company in this Court along with
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18 FIRST APPEAL NO. 659 OF 2010
accrued interest thereon is permitted to be withdrawn by the
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Parbhani in MACP No. 228/2007,
without reference to this Court.
6. The appellant - Insurance Company undertakes to
communicate the withdrawal of appeal to the claimants or their
Advocate.
7. The parties are informed that the Court fee, if any, paid by
any of them, shall be refunded as per rules.
(A. M. PHULE) (S. G. SHETE) (VAISHALI PATIL - JADHAV)
MEMBER DISTRICT JUDGE HEAD OF THE PANEL
(RETIRED)
Date : 09.05.2026
(Seal of the Authority/Committee)
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