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Bombay High Court

THE ORIENGAL INSURANCE CO LTD THROUGH BR MANAGERversusBHAGIRATHIBAI DYANOBA JADHAV AND ORS

Disposal
Withdrawn

Holding

The appeal was disposed of on account of the withdrawal of the appeal, and the deposited amount along with interest was ordered to be returned to the claimants.

Summary

The Oriental Insurance Co. Ltd. filed a first appeal (No. 1850 of 2010) before the National Lok Adalat of the High Court of Bombay, Aurangabad bench, challenging an order of the Motor Accident Claims Tribunal, Parbhani. The claimants, Bhagirathibai w/o. Dyanoba Jadhav and others, submitted withdrawal purses, indicating their desire to withdraw the appeal. The Lok Adalat, after accepting the withdrawal, disposed of the appeal and ordered that the amount deposited by the insurer, together with accrued interest, be returned to the claimants as per the Tribunal’s apportionment order. The insurer was directed to communicate the withdrawal to the claimants, and any court fees paid were to be refunded in accordance with the Rules. Consequently, the appeal was dismissed and the parties were restored to their pre‑appeal positions.

Issues considered

  • Whether the appeal stands disposed upon the submission of withdrawal purses by the parties?
  • Whether the amount deposited by the appellant can be returned to the respondents in accordance with the Tribunal’s order?
  • Whether court fees, if any, are to be refunded upon withdrawal of the appeal?

Legislation cited

Subjects

  • Lok Adalat
  • appeal withdrawal
  • insurance claim
  • motor accident
  • court fees refund
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:21927
                                                       (1)
                                                                              1850.10FA.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 Oriental Insurance Co. Ltd.

                Respondents : Bhagirathibai w/o. Dyanoba Jadhav and others

                No. of proceedings : FIRST APPEAL NO. 1850 OF 2010

                Advocate for Appellant : Mr. Aniruddha Usmanpurkar

                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.            On authority, learned Advocate Mr. Aniruddha Usmanpurkar
                along with Mr.Viral Durge, Authorized Signatory of the Oriental Insurance
                Co. Ltd. are present with withdrawal pursis, 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
                                     (2)
                                                             1850.10FA.odt
Claims Tribunal, Parbhani in MACP No. 19 of 2007, without 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 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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