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Bombay High Court

NEW INDIA ASSRUANCE COMPANY LTD BR.PARBHANI THROUGH ITS DIVNL.MANAGER AURANGABADversusLILABAI SHANKARRAO WANGHAKAR AND ANR

Disposal
DISPOSED OFF

Holding

The appeal was withdrawn and consequently disposed, allowing the deposited amount and interest to be released to the claimants.

Summary

The New India Assurance Company Ltd., acting through its Divisional Manager, appealed a motor accident claim decision but later filed a withdrawal petition before the National Lok Adalat at the High Court of Bombay, Aurangabad Bench. The appellant submitted the withdrawal petition along with an authority letter, leading the Lok Adalat to note that the appeal stood disposed. Consequently, the amount deposited by the insurer, together with accrued interest, was ordered to be released to the claimants as per the earlier Motor Accident Claims Tribunal order. The insurer undertook to inform the claimants of the withdrawal. The Court also directed that any court fees paid be refunded in accordance with the rules.

Issues considered

  • Whether an appeal pending before the Lok Adalat can be withdrawn by the appellant
  • What is the effect of withdrawal on the deposited amount and interest

Legislation cited

Subjects

  • Lok Adalat
  • appeal withdrawal
  • insurance claim
  • motor accident
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:22147                                                          23 fa 1254 OF 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 : New India Assruance Company Ltd. Br.parbhani Through
                Its Divnl. Manager Aurangabad

                Respondents : Lilabai Shankarrao Wanghakar And Anr.

                No. of proceedings : FIRST APPEAL NO. 1254 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.              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.


                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

                komal kamble/                                                            1/2
                                                             23 fa 1254 OF 2011



accrued interest thereon is permitted to be withdrawn by the
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Basmath Nagar, Dist. Parbhani in
MACP No. 83/2005, 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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