Bombay High Court
NEW INDIA ASSURANCE COMPANY LTD BR PARBHANIversusPRABHAKAR CHAPAJI HAKE AND ANR
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal was withdrawn and consequently disposed of, with the deposited amount and interest to be returned to the claimants.
Summary
The New India Assurance Company Ltd., appellant, filed a first appeal (No. 246 of 2014) which was referred to the National Lok Adalat under Section 19 of the Legal Services Authorities Act, 1987. The appellant, through its counsel Mr M. R. Deshmukh, submitted withdrawal purses and an authority letter, seeking to withdraw the appeal. The Lok Adalat accepted the withdrawal, disposed of the appeal and any related civil application, and ordered that the amount deposited by the insurer, together with accrued interest, be returned to the claimants as per the Motor Accident Claims Tribunal’s apportionment order. The insurer undertook to inform the claimants of the withdrawal, and the court fee, if any, was to be refunded per the rules. Consequently, the appeal was closed without further adjudication on the merits.
Issues considered
- Whether an appeal pending before the Lok Adalat can be withdrawn by the appellant.
- Consequences of withdrawal regarding the deposited amount, interest, and court fees.
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- insurance claim
- Motor Accident Claims Tribunal
- Legal Services Authorities Act
- court fee refund
Judgment
2026:BHC-AUG:22131 33 fa 246 2014
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. Br Parbhani
Respondents : Prabhakar Chapaji Hake And Anr.
No. of proceedings : FIRST APPEAL NO. 246 OF 2014
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
accrued interest thereon is permitted to be withdrawn by the
komal kamble/ 1/2
33 fa 246 2014
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Parbhani in MACP No. 126/2007,
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)
komal kamble/ 2/2
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