Bombay High Court
KAMALKISHORE BABURAO KAKADE AND ORSversusROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD THR AUTHORISED OFFICER
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
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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