Bombay High Court
THE NEW INDIA ASSURANCE COMPANY LTD NEW DELHI THROUGH ITS BRANCH MANAGERversusKHAJAUDDIN SULEMAN JAVALKAR
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of upon withdrawal, the deposited compensation is to be released to the claimants, and any court fees paid are to be refunded.
Summary
The New India Assurance Company Ltd. (appellant) accepted the award of the Motor Accident Claims Tribunal, Osmanabad, in claim petition No.57/2014 and filed a withdrawal petition along with an authority letter. The appellant sought release of the compensation amount, which had been deposited with the Court Registry, to the claimants without further court reference, and requested refund of any court fees paid. The Lok Adalat, constituted under Section 19 of the Legal Services Authorities Act, 1987, considered the withdrawal and the appellant's undertakings. It held that the appeal stands disposed upon the withdrawal and ordered the deposited compensation to be released to the claimants. The Court also directed that any court fees paid by the parties be refunded.
Issues considered
- Whether the appeal can be disposed of upon the appellant's withdrawal of the appeal.
- Whether the compensation deposited with the Court Registry can be released to the claimants without further adjudication.
- Whether court fees, if paid, are refundable upon withdrawal of the appeal.
Legislation cited
Subjects
- Lok Adalat
- appeal withdrawal
- motor accident claim
- compensation release
- court fee refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:13485
(1)
14.2023FA.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)
Appellant : The New India Assurance Company Ltd.,
Respondents : Khajauddin Suleman Javalkar and others
No. of proceedings : FIRST APPEAL NO. 14 OF 2023
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. Avinash R. Borulkar
AWARD
The dispute between the parties having been referred for
determination to the Lok Adalat.
2. Learned Advocate Mr. M.R. Deshmukh along with Mr.Dinesh
Shankar Bankar, Assistant Manager, The New India Assurance Company
Ltd., is present.
3. The appellant has accepted the award passed by the Motor
Accident Claims Tribunal, Osmanabad in Motor Accident Claim Petition
No.57/2014 and has filed the withdrawal pursis and authority letter on
record, which are marked as "X" and "X-I".
4. In view of the withdrawal pursis, appeal stands disposed of.
Civil Application, if any, stands disposed of.
5. Learned Advocate for the appellant submitted that the
(2)
14.2023FA.odt
amount of compensation has been deposited with the Registry of this
Court and the claimants may be permitted to withdraw the same. The
amount, which is deposited with the Registry of this Court be released to
the claimants, 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.
(AVINASH R. BORULKAR) (S.G. SHETE) (VAISHALI PATIL-JADHAV)
MEMBER DISTRICT JUDGE HEAD OF THE PANEL
(RETIRED)
Date: 14.03.2026
sga/ (Seal of the Authority/Committee)
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