Bombay High Court
NEW INDIA ASSURANCE COMPANY LTD BR PARBHANIversusGAYABAI SUDAMRAO DEOKATE AND ANR
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
An appeal withdrawn by the appellant is deemed disposed of, and any deposit made shall be returned to the claimants with interest, with court fees refunded as per the applicable rules.
Summary
The dispute between New India Assurance Company Ltd. (appellant) and Gayabai Sudamrao Deokate (respondent) was referred to the Lok Adalat. The appellant filed a first appeal but subsequently submitted withdrawal purses and an authority letter, indicating its intention to withdraw the appeal. The Lok Adalat, noting the withdrawal, ordered that the appeal stand disposed and that any civil application, if filed, also be disposed. It further directed that the amount deposited by the appellant, together with accrued interest, be returned to the claimants as per the order of the Motor Accident Claims Tribunal, Parbhani, and that any court fee paid be refunded according to the rules. The appellant undertook to inform the claimants of the withdrawal. The award was signed by the panel members and the retired district judge.
Issues considered
- Whether the appeal can be disposed of upon withdrawal by the appellant
- Whether the amount deposited by the appellant should be returned to the claimants with interest
- Whether any court fee paid is refundable
Legislation cited
Subjects
- Lok Adalat
- Appeal withdrawal
- Insurance claim
- Motor Accident Claims Tribunal
- Court fee refund
Judgment
2026:BHC-AUG:22139 33 fa 250 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 : Gayabai Sudamrao Deokate And Anr.
No. of proceedings : FIRST APPEAL NO. 250 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 250 2014
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Parbhani in MACP No. 127/2007,
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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