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Bombay High Court

THE BRANCH MANAGER,NEW INDIA INSURANCE CO LTDversusJEEVAN ANANDRAO KHARE and ANR

Disposal
DISPOSED OFF

Holding

The appeal is disposed upon withdrawal, and the deposited amount with interest is to be returned to the claimants.

Summary

The dispute between New India Insurance Co. Ltd. and the claimants Jeevan Anandrao Khare & Anr. was referred to the Lok Adalat under the Legal Services Authorities Act, 1987. The appellant filed a first appeal (No. 1313 of 2004) but subsequently submitted withdrawal purses and an authority letter. The Lok Adalat, noting the withdrawal, ordered the appeal to stand disposed and directed that the amount deposited by the insurer, together with accrued interest, be returned to the claimants as per the Motor Accident Claims Tribunal order. The insurer was also instructed to communicate the withdrawal to the claimants and that any court fees paid be refunded. Consequently, the appeal was effectively withdrawn and the matter concluded without further adjudication.

Issues considered

  • Whether the withdrawal of the appeal by the appellant results in the disposal of the appeal and the return of the deposited amount to the claimants.

Legislation cited

Subjects

  • Lok Adalat
  • withdrawal of appeal
  • insurance claim
  • Motor Accident Claims Tribunal
  • Legal Services Authorities Act
  • court fee refund

Judgment

2026:BHC-AUG:22135                                               8 FIRST APPEAL NO. 1313 OF 2004



                     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 Insurance Co. Ltd.

                Respondents : Jeevan Anandrao Khare And Anr.

                No. of proceedings : FIRST APPEAL NO. 1313 OF 2004

                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

                komal kamble/                                                              1/2
                                                  8 FIRST APPEAL NO. 1313 OF 2004



respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Aurangabad in MACP No.
280/1997, 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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