Bombay High Court
NEW INDIA ASSURANCE CO LTDversusUJWALABAI RAMDAS RAUT AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal was withdrawn and disposed of, and the deposited amount with interest was ordered to be returned to the claimants.
Summary
The dispute between New India Assurance Co Ltd (appellant) and Ujwalabai Ramdas Raut and others (respondents) was referred to the Lok Adalat. The appellant filed a first appeal but subsequently submitted withdrawal pursis and an authority letter. The Lok Adalat accepted the withdrawal, disposing of the appeal and any related civil application. The amount deposited by the insurer, along with accrued interest, was ordered to be returned to the claimants as per the Motor Accident Claims Tribunal's apportionment order. 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- Whether an appeal filed before the Lok Adalat can be withdrawn by the appellant
- Consequences of withdrawal on the deposited amount and court fees
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- insurance claim
- Motor Accident Claims Tribunal
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:22113 17 FIRST APPEAL NO. 2151 OF 2008
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 Co Ltd
Respondents : Ujwalabai Ramdas Raut And Ors
No. of proceedings : FIRST APPEAL NO. 2151 OF 2008
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
accrued interest thereon is permitted to be withdrawn by the
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17 FIRST APPEAL NO. 2151 OF 2008
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Jalna in MACP No. 51/2006,
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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