Bombay High Court

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER, AURANGABADversusBALASAHEB VASANTRAO KAKDE AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

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

Summary

The dispute between Bajaj Allianz General Insurance Co. Ltd. (appellant) and Balasaheb Vasantrao Kakde & Ors. (respondents) was referred to the Lok Adalat. The appellant filed a first appeal but subsequently filed a withdrawal petition, which was accepted. Consequently, the appeal was disposed of, and the amount deposited by the insurer, together with accrued interest, was ordered to be returned to the claimants as per the earlier Motor Accident Claims Tribunal order. The insurer undertook to inform the claimants of the withdrawal, and any court fees paid were to be refunded. No substantive merits of the original dispute were adjudicated by the Lok Adalat.

Issues considered

The effect of a withdrawal petition on a pending appeal before the Lok Adalat.
The disposition of court fees and deposited amounts upon withdrawal of an appeal.

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

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

Judgment

                                    (1)
                                                       38-FA-1613-2020.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     : Bajaj Allianz General Insurance Co. Ltd, Thr Its Branch
                Manager, Aurangabad.
Respondents : Balasaheb Vasantrao Kakde And Ors.

No. of proceedings : FIRST APPEAL NO. 1613 OF 2020

Advocate for Appellant : Mr. Mohit 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.
Tanmay N. Umbarkar, the Authorized Signatory of the Bajaj Allianz
General Insurance Co. Ltd., is present with withdrawal pursis and
authority letter, which are taken on record and marked as 'X' and
'X-1'.


3.           In view of the withdrawal pursis, First 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 alongwith
                                    (2)
                                                      38-FA-1613-2020.odt
accrued interest thereon is permitted to be withdrawn by the
Respondents-Claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Beed Dist. Beed in MACP No.
64/2013 without any reference to this Court.


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 fee, if any, paid by
any of them, shall be refunded.



       (A.M. PHULE)         (S.G. SHETE)      (VAISHALI PATIL-JADHAV)
         MEMBER            DISTRICT JUDGE        HEAD OF THE PANEL
                              (RETIRED)


 Date: 09.05.2026

DAE/                                 (Seal of the Authority/Committee)

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