Bombay High Court
THE ORIENGAL INSURANCE CO LTD THROUGH BR MANAGERversusBHAGIRATHIBAI DYANOBA JADHAV AND ORS
- Disposal
- Withdrawn
- Bench
- LOK ADALAT
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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