Bombay High Court
NEW INDIA ASSURANCE COMPANY LTD THROUGH ITS DIVISIONAL MANAGERversusSANTOSH RAJENDRA DUDHBHATE AND ANR
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed as withdrawn, and the amount deposited with interest may be withdrawn by the respondents per the MACP order.
Summary
The dispute between New India Assurance Company Ltd. and the claimants was referred to a Lok Adalat. The appellant filed a first appeal but subsequently submitted a withdrawal pursis with authority, indicating its desire to withdraw the appeal. The Lok Adalat, noting the withdrawal, disposed of the appeal and ordered that the amount deposited by the insurer, together with accrued interest, be withdrawn by the claimants in accordance with the order of the Motor Accident Claims Tribunal, Osmanabad (MACP No. 80/2005). The insurer undertook to inform the claimants of the withdrawal, and the court directed that any court fees paid be refunded as per the rules. Consequently, the appeal was closed without further adjudication on the merits.
Issues considered
- Whether the appeal can be disposed of upon the appellant's withdrawal of the appeal?
- Whether the amount deposited with interest may be withdrawn by the respondents without further reference to the court?
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- insurance claim
- motor accident
- court fee refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:22105 21 FIRST APPEAL NO. 2225 OF 2010
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 Company Ltd. Through Its Divisional
Manager
Respondents : Santosh Rajendra Dudhbhate And Anr.
No. of proceedings : FIRST APPEAL NO. 2225 OF 2010
Advocate for Appellant : Mr. M. 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.
S. N. Sangle, Assistant Manager, The New India Assurance Co. Ltd.,
is present with withdrawal pursis and authority letter, which are
marked as "X" and "X-1" respectively.
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
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21 FIRST APPEAL NO. 2225 OF 2010
accrued interest thereon is permitted to be withdrawn by the
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Osmanabad in MACP No. 80/2005,
without reference to this Court.
6. The appellant - Insurance Company undertakes to
communicate the withdrawal of appeal to the claimants or their
Advocate.
7. The parties are informed that the Court fee, 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
(Seal of the Authority/Committee)
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