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Bombay High Court

KAMALKISHORE BABURAO KAKADE AND ORSversusROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD THR AUTHORISED OFFICER

Disposal
DISPOSED OFF

Holding

The Lok Adalat upheld the compromise terms and disposed of the civil application accordingly.

Summary

The dispute between Kamalkishore Baburao Kakde and others (applicants) and Royal Sundaram Alliance Insurance Co. Ltd (respondent) was referred to the Lok Adalat for settlement. Both parties submitted a compromise agreement, identified as Article “X”, and the appeal related to the matter had already been disposed of in 2015. The insurance company had deposited Rs. 18,94,259 in the court, of which the claimants withdrew Rs. 5,94,258, and the balance was kept in a fixed deposit. The insurer offered to withdraw Rs. 1,00,000 and to pay the remaining balance with accrued interest to the claimants, without further court involvement. Since the appeal was dismissed in default, the question of refunding court fees was deemed irrelevant. The civil application was consequently disposed of in accordance with the compromise terms.

Issues considered

  • Whether the compromise agreement submitted to the Lok Adalat is binding and can be enforced.
  • Whether court fees are refundable when the appeal has been dismissed in default.
  • How the deposited amount should be distributed between the insurer and the claimants, including interest.

Legislation cited

Subjects

  • Lok Adalat
  • Compromise Settlement
  • Civil Application
  • Court Fees
  • Insurance Claim
  • Fixed Deposit
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:13420


                                                   1             49-CA 3001-2026.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)

                 Applicants     : Kamalkishore Baburao Kakde And Others

                 Respondents : Royal Sundaram Alliance Insurance Co. Ltd
                               Through Authorized Officer and others

                 No. of proceeding : CIVIL APPLICATION NO. 3001 OF 2026
                                               IN FA/66/2013

                 Advocate for the Applicants : Mr. Ramdas B. Bhosale
                 Advocate for Respondent No. 1 : Mr. Aniket Aute, Advocate h/f Mr.
                 Mangesh Mene.

                 Name of Hon’ble High Court Judge : Smt. Vaishali Patil - Jadhav

                 Retired Judicial Officer : Shri. S. G. Shete

                 Name of Member : Adv. Avinash R. Borulkar

                                                   AWARD

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

                 1.     The learned counsel Mr. Bhosale for the applicants/claimants

                 with applicants/claimants is present.      The learned counsel Mr. Aute

                 holding      for   learned    counsel     Mr.   Mene      for     Insurance

                 Company/respondent No. 1 is present.

                 2.     The learned counsel for both the parties submit that they have


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 amicably settled the lis and accordingly placed on record compromise

 terms.     The compromise terms are marked as Article “X” for the

 purpose of identification. The appeal is already disposed of in the year

 2015.

 3.       The appellants/Insurance Company has already deposited an

 amount of Rs. 18,94,259/- in this Court. Out of which the claimants

 have withdrawn an amount of Rs. 5,94,258/- and the remaining

 amount has been deposited in this Court in a fixed deposit in

 Nationalized Bank.       The appellant/Insurance company is ready to

 withdraw an amount of Rs. 1,00,000/- only from the said amount and

 the remaining amount be paid to the claimants with accrued interest

 till this date if any without reference to this Court.

 4.       As the appeal is already dismissed in default, the question of

 refund of Court fees does not arise.

 5.       The civil application is disposed of in terms of compromise terms

 marked as Article “X”.

(Avinash R. BORULKAR) (S. G. SHETE) (VAISHALI PATIL -JADHAV, J.)
     Advocate           D.J. (Retd.)       Head of Panel
     Member              Member

 Date: 14.03.2026

                                    (Seal of the Authority/Committee)
 P.S.B.




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