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Bombay High Court

UNITED INDIA INSURANCE CO. LTD., AURANGABAD.versusLAXMIBAI SANJAY SHINDE AND ORS

Disposal
DISPOSED OFF

Holding

The first appeals are allowed to be withdrawn as settled before the Lok Adalat, and the amount deposited by the insurance company shall be disbursed to the respondents/claimants with accrued interest as per their entitlement.

Summary

These three first appeals were filed by United India Insurance Company Ltd. against Shamabi Ahmed Qureshi and others, Laxmibai Sanjay Shinde and others, and Shantabai Baliram Fegade (died) and others. The disputes were referred for settlement before the National Lok Adalat held at the High Court of Bombay, Bench at Aurangabad, organized under Section 19 of the Legal Services Authorities Act, 1987. Advocate Mr. Swapnil Rathi, along with officer Mr. Mayur Raut, appeared before the Lok Adalat panel and tendered a pursis for withdrawal of the appeals together with written instructions signed by the officer. The Lok Adalat allowed the first appeals to be withdrawn in view of the pursis. It directed that the amount deposited by the appellant insurance company be disbursed to the respondents/claimants with accrued interest as per their entitlement. Pending civil applications, if any, were disposed of, and the office was directed to process refund of court fees as permissible in law. The award was drawn accordingly.

Issues considered

  • Whether the first appeals may be permitted to be withdrawn in view of the pursis and written instructions tendered before the Lok Adalat.
  • Whether the amount deposited by the appellant insurance company should be disbursed to the respondents/claimants with accrued interest.
  • Whether refund of court fees is permissible in law.

Legislation cited

Subjects

  • Lok Adalat
  • withdrawal of appeal
  • motor accident claims
  • insurance company
  • disbursement of amount
  • accrued interest
  • court fees refund
  • settlement

Judgment

2026:BHC-AUG:12923


                                                                P-2-FA-511-12, 1302-12, 889-15.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)
                                                    .…
                                   FIRST APPEAL NO. 511 OF 2012
                             UNITED INDIA INSURANCE COMPANY LTD.
                                            VERSUS
                             SHAMABI AHMED QURESHI AND OTHERS

                                               AND
                                   FIRST APPEAL NO.1302 OF 2012
                             UNITED INDIA INSURANCE COMPANY LTD.
                                            VERSUS
                             LAXMIBAI SANJAY SHINDE AND OTHERS

                                               AND
                                    FIRST APPEAL NO.889 OF 2015

                          UNITED INDIA INSURANCE COMPANY LTD.
                                             VERSUS
                      SHANTABAI BALIRAM FEGADE - DIED AND OTHERS
                                                .…
                 Mr. Swapnil S. Rathi, Advocate for the Appellant
                                                .…
                         HON’BLE SHRI JUSTICE SHAILESH P. BRAHME
                         (Head of the Panel)

                           Shri KISHOR R. CHOUDHARI,
                           (Retired District Judge)

                           Smt. YOGITA S. THORAT, (Advocate),
                           (Member)



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                                    (( 2 ))      P-2-FA-511-12, 1302-12, 889-15




                               AWARD
1.          Not on board. Taken on board.

2.          The dispute between the parties having been referred for

settlement before the Lok Adalat.

3.          Advocate Mr. Swapnil Rathi along with the officer Mr.

Mayur Raut, are present before the panel today.               They tender on

record the pursis of withdrawal of the appeals along with written

instructions bearing signature of the officer, present today.

4.          The first appeals are allowed to be withdrawn in view of

the pursis tendered on record.         The amount deposited by the

appellant   /   insurance   company,     shall     be     disbursed        to     the

respondents / claimants with accrued interest as per their

entitlement. Pending civil applications, if any, stand disposed of.

5.          Award be drawn accordingly.

6.          The office shall process refund of the court fees as is

permissible in law.



Yogita S. Thorat Kishor R. Choudhari               Shailesh P. Brahme, J.
   Member        Retired District Judge             Head of the Panel
Date:- 14.03.2026
Place: Aurangabad
SMS



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