Bombay High Court
THE NEW INDIA ASSURANCE COMPANY LTD THROUGH DIVNL MANAGER ADALAT ROAD AURANGABADversusNIRMALA VINAYAK DESALE (PATIL) AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal stands disposed due to the appellant's withdrawal, and the deposited amount with interest may be withdrawn by the claimants as per the MACP order.
Summary
The New India Assurance Company Ltd. filed a first appeal before the National Lok Adalat of the High Court of Bombay, Aurangabad bench, contesting a motor accident claim. The appellant, through Advocate M. R. Deshmukh, submitted withdrawal purses and an authority letter, indicating its intention to withdraw the appeal. The Lok Adalat, noting the withdrawal, disposed of the appeal and ordered that the amount deposited by the insurer, together with accrued interest, be released to the claimants as per the order of the Motor Accident Claims Tribunal, Dhule (MACP No. 912/2008). The insurer undertook to inform the claimants of the withdrawal, and the court fee, if any, was to be refunded according to the rules. No substantive merits of the claim were adjudicated as the appeal was withdrawn.
Issues considered
- Whether the appellant's withdrawal of the appeal results in the disposal of the appeal and the release of the deposited amount to the claimants?
Legislation cited
Subjects
- Lok Adalat
- Appeal Withdrawal
- Insurance
- Motor Accident Claim
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:22146 24 FIRST APPEAL NO. 1260 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 : The New India Assurance Company Ltd. Through Divnl
Manager Adalat Road Aurangabad
Respondents : Nirmala Vinayak Desale (Patil) And Ors.
No. of proceedings : FIRST APPEAL NO. 1260 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
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24 FIRST APPEAL NO. 1260 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, Dhule in MACP No. 912/2008,
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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