Bombay High Court
NEW INDIA ASSURANCE COMPANY LTD. BRANCH PARBHANIversusBALAJI @ BALASAHEB ASHOKRAO SHINDE AND ANR
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
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The appeal was withdrawn and disposed, and the deposited amount with interest was ordered to be returned to the claimants.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- Whether an appeal before the Lok Adalat can be withdrawn by the appellant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
Checking your session…