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Bombay High Court

NEW INDIA ASSURANCE COMPANY LTD. BRANCH PARBHANIversusBALAJI @ BALASAHEB ASHOKRAO SHINDE AND ANR

Disposal
DISPOSED OFF

Holding

The appeal was withdrawn and disposed, and the deposited amount with interest was ordered to be returned to the claimants.

Summary

The New India Assurance Company Ltd., Branch Parbhani filed a first appeal before the National Lok Adalat of the High Court of Bombay, Aurangabad Bench, against claimants Balaji @ Balasaheb Ashokrao Shinde and others. The appellant submitted withdrawal purses and an authority letter, indicating its intention to withdraw the appeal. The Lok Adalat accepted the withdrawal, disposing of the appeal and any related civil application. Consequently, 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 also agreed to inform the claimants of the withdrawal, and any court fees paid were to be refunded per the rules.

Issues considered

  • Whether an appeal before the Lok Adalat can be withdrawn by the appellant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

Legislation cited

Subjects

  • Lok Adalat
  • appeal withdrawal
  • insurance claim
  • motor accident
  • court fee refund

Judgment

2026:BHC-AUG:22138                                              33 FIRST APPEAL NO. 1319 OF 2012



                     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 Company Ltd.. Branch Parbhani

                Respondents : Balaji @ Balasaheb Ashokrao Shinde And Anr.

                No. of proceedings : FIRST APPEAL NO. 1319 OF 2012

                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
                accrued interest thereon is permitted to be withdrawn by the

                komal kamble/                                                              1/2
                                                 33 FIRST APPEAL NO. 1319 OF 2012



respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Parbhani in MACP No. 125/2007,
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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