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Bombay High Court

NEW INDIA ASSURANCE CO LTDversusPRAKASH NOORA PAWAR

Disposal
Withdrawn

Holding

An appeal filed before the Lok Adalat may be withdrawn, resulting in the disposal of the appeal and permitting the claimant to recover the deposited amount and any court fees.

Summary

The New India Assurance Co. filed a first appeal (No. 1415 of 2007) against a motor accident claim decided by the Motor Accident Claims Tribunal, Nanded. The appellant, through its counsel, submitted withdrawal purses and an authority letter, indicating its intention to withdraw the appeal. The Lok Adalat, presided over by the High Court, disposed of the appeal on the basis of the withdrawal and ordered that the amount deposited by the insurer, along with accrued interest, be released to the claimants as per the Tribunal's order. The insurer was directed to inform the claimants of the withdrawal, and any court fees paid were to be refunded. Consequently, the appeal was dismissed and the civil proceedings, if any, were also disposed of.

Issues considered

  • Whether an appeal pending before the Lok Adalat can be withdrawn by the appellant.
  • What are the consequences of withdrawal of the appeal on the deposited amount and court fees?

Legislation cited

Subjects

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

Judgment

2026:BHC-AUG:21933
                                                       (1)
                                                                              1415.07FA.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 Co.Ltd.,

                Respondent : Prakash Noora Pawar & another

                No. of proceedings : FIRST APPEAL NO. 1415 OF 2007

                Advocate for Appellant : Mr.S.V.Kulkarni

                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

                              The dispute between the parties having been referred for
                determination to the Lok Adalat.


                2.            Learned Advocate Mr.S.V.Kulkarni along with Mr.Sandesh
                Kamlakar, Manager, The New India Assurance Company Ltd., is present
                with withdrawal pursis and authority letter, which are marked as 'X' and
                'X-1'.


                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 respondents -
                claimants as per order of apportionment passed by the Motor Accident
                Claims Tribunal, Nanded in MACP No. 418 of 2000, without reference to
                this Court.
                                     (2)
                                                             1415.07FA.odt


5.            The     appellant-Insurance      Company   undertakes    to
communicate the withdrawal of appeal to the claimants or their Advocate.


6.            The parties are informed that the Court fees, 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

sga/                                  (Seal of the Authority/Committee)


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