Bombay High Court
THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED OFFICIAL AND DIV. MANAGER, AURANGABADversusFIRDOS ALIM PATHAN AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal was withdrawn and consequently disposed, with the deposited amount, interest, and any court fee to be refunded to the claimants.
Summary
The New India Assurance Company filed a first appeal (No. 2299 of 2020) against an order of the Motor Accident Claims Tribunal, Kopargaon, concerning the apportionment of a claim amount. The appellant, through Advocate A.S. Usmanpurkar, submitted a withdrawal petition with the requisite authority letter. The High Court, noting the withdrawal, disposed of the appeal as withdrawn and ordered that the amount deposited by the appellant, along with accrued interest, be released to the claimants as per the Tribunal's order. The Court also directed that any court fee paid by the parties be refunded. Consequently, the appeal was terminated without a substantive hearing on the merits.
Issues considered
- Whether an appeal filed before the High Court can be withdrawn by the appellant.
- Effect of withdrawal of an appeal on the deposited amount, interest, and court fees.
Legislation cited
Subjects
- withdrawal of appeal
- motor accident claims
- insurance
- court fee refund
- legal services authority
Judgment
2026:BHC-AUG:13424
(1)
2299.2020FA.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 New India Assurance Company
Respondents : Firdos Alim Pathan and others
No. of proceedings : FIRST APPEAL NO. 2299 OF 2020
Advocate for Appellant : Mr. A.S. Usmanpurkar
Name of Hon’ble High Court Judge: VAISHALI PATIL-JADHAV
Retired Judicial Officer: Shri. S.G. Shete
Name of Member : Adv. Avinash R. Borulkar
AWARD
. Not on board. On being mentioned taken on board.
2. Mr. A.S. Usmanpurkar, learned Advocate and Mr. Dinesh Shankar
Bankar, authorized signatory of the New India Assurance Committee
Limited is present with authority letter/withdrawal pursis, which is
marked as "X".
3. In view of the withdrawal pursis, First Appeal stands disposed of as
withdrawn. 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 Motor Accident Claims Tribunal,
Kopargaon in M.A.C.P. no.23/2017 and the same be released to the
claimants without reference to this Court.
(2)
2299.2020FA.odt
5. The parties are informed that the Court fee, if any, paid by any of
them, shall be refunded.
(AVINASH R. BORULKAR) (S.G. SHETE) (VAISHALI PATIL-JADHAV)
MEMBER DISTRICT JUDGE HEAD OF THE PANEL
(RETIRED)
Date: 14.03.2026
sga/ (Seal of the Authority/Committee)
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