Bombay High Court

NEW INDIA ASSURANCE CO LTD.versusNOORJAHABEE NISSARKHA PATHAN AND ORS

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal was withdrawn and disposed of, and the deposited amount with interest was ordered to be released to the claimants.

Summary

The dispute between New India Assurance Co. Ltd. (appellant) and Noorjahabee Nissarkha Pathan & Ors. (respondents) was referred to the National Lok Adalat. The appellant filed a withdrawal petition, accompanied by an authority letter, to withdraw its appeal. The Lok Adalat accepted the withdrawal, disposed of the appeal, and ordered that the amount deposited by the insurer, together with accrued interest, be released to the claimants as per the Motor Accident Claims Tribunal, Jalgaon order (MACP No. 421/1999). The insurer also agreed to inform the claimants of the withdrawal and retained its right to recover compensation from the vehicle owner. Any court fees paid were to be refunded.

Issues considered

The appellant's right to withdraw its appeal before the Lok Adalat
The disposition of the amount deposited by the appellant pending the appeal

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Lok Adalat
withdrawal of appeal
motor accident claim
insurance
court fee refund
Legal Services Authorities Act

Judgment

                                    (1)
                                                     20-FA-1915-2010.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 : New India Assurance Co Ltd.

Respondents : Noorjahabee Nissarkha Pathan And Ors.

No. of proceedings : FIRST APPEAL NO. 1915 OF 2010
                       WITH CA/10039/2007
Advocate for Appellant : Mr. Dinesh Daund h/f Mr. M. D. Shinde

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. Dinesh Daund h/f Mr. M. D.
Shinde along with Mr. Sandesh Kamlakar, Manager, The New India
Assurance Company Ltd., is present with withdrawal pursis and
authority letter, which are taken on record and marked as "X" and
"X-I".


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 alongwith
                                    (2)
                                                       20-FA-1915-2010.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, Jalgaon Dist. Jalgaon in MACP No.
421/1999 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 Appellant - Insurance Company withdraw the
Appeal by keeping their right to recover the compensation from the
owner of the vehicle.


7.            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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