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Bombay High Court

NEW INDIA ASSURANCE COMPANY LTD. BRANCH PARBHANIversusMADHAVRAO YESHVANTRAO SHENDGE AND ANR

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The appeal is disposed of upon withdrawal, and the civil application, if any, is likewise disposed.

Summary

The New India Assurance Company Ltd. filed a first appeal (Stamp No. 4085 of 2011) against a motor accident claim order, but subsequently filed a withdrawal pursis along with an authority letter. The appeal, which had incurred a 46‑day filing delay, was condoned by the Lok Adalat. Upon receipt of the withdrawal documents, the panel held that the appeal stood disposed of and any civil application, if pending, was also disposed. The court ordered that the amount deposited by the insurer, together with accrued interest, be released to the claimants as per the Motor Accident Claims Tribunal, Parbhani order, without further reference to the High Court. The insurer was directed to inform the claimants of the withdrawal, and any court fees paid were to be refunded as per the rules.

Issues considered

  • Whether a party may withdraw a first appeal pending before the Lok Adalat after filing a withdrawal pursis.
  • Effect of withdrawal on the pending civil application and on the deposited court fees.

Legislation cited

Subjects

  • Lok Adalat
  • appeal withdrawal
  • Civil Procedure
  • Insurance
  • Motor Accident Claims
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:22109                                                42 ca 2514 2011 in fa 4085 2011



                     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 New India Assurance Company Ltd.

                Respondents : Madhavrao Yashwantrao Shendge and others

                No. of proceedings : CIVIL APPLICATION NO. 2514 OF 2011
                                                 IN/WITH
                                     FIRST APPEAL STAMP NO. 4085 OF 2011

                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.              For the reasons stated in Civil Application No. 2514 of
                2011, the delay of 46 days caused in filing the First Appeal is
                condoned. First Appeal be registered.


                First Appeal Stamp No. 4085 Of 2011 :

                3.              Learned Advocate Mr. M. R. Deshmukh along with
                Mr. S. N. Sangle, Assistant Manager, The New India Assurance Co.
                Ltd., is present with withdrawal pursis and authority letter, which
                are marked as "X" and "X-1" respectively.

                komal kamble/                                                               1/2
                                                     42 ca 2514 2011 in fa 4085 2011



4.              In view of the withdrawal pursis, appeal stands disposed
of. Civil Application, if any, stands disposed of.


5.              In view of withdrawal of appeal, the amount deposited
by the appellant - Insurance Company in this Court along with
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. 123/2007,
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)




komal kamble/                                                                  2/2


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