Bombay High Court
THE ORIENTAL INSURANCE CO. LTD. BEEDversusVIMAL TUKARAM BAGATE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal was withdrawn by the insurer, and consequently the appeal and any pending civil applications were disposed of.
Summary
The Oriental Insurance Company filed a first appeal (No. 2864 of 2009) against the award of the Motor Accident Claims Tribunal, Aurangabad, in favour of Vimal Tukaram Bagate and others. The insurer later submitted an email and a letter authorising the withdrawal of the appeal, having already accepted the Tribunal's award and deposited the compensation with the court registry, which the claimants had withdrawn on 22 July 2009. The Special Lok Adalat, constituted under Section 19 of the Legal Services Authorities Act, 1987, considered the withdrawal request. It held that, in view of the withdrawal, the appeal and any pending civil applications stand disposed. The court directed that the award be drawn up accordingly, the insurer communicate the withdrawal to the claimants, and the refund of court fees be processed as per law.
Issues considered
- Whether an appeal filed before the Special Lok Adalat can be withdrawn after the appellant has accepted the award of the Motor Accident Claims Tribunal.
- Whether the court fees paid for the appeal are refundable upon withdrawal.
Legislation cited
Subjects
- withdrawal of appeal
- motor accident claim
- insurance compensation
- Special Lok Adalat
- court fees refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:15676
1 56-FA-2864-09.odt
BEFORE THE SPECIAL LOK ADALAT
AT HIGH COURT OF BOMBAY BENCH AT AURANGABAD
HELD ON 29th MARCH, 2026
Organized by High Court Legal Services Sub-Committee, Aurangabad
under section 19, of the Legal Services Authorities Act, 1987 (Central Act)
…
FIRST APPEAL NO. 2864 OF 2009
THE ORIENTAL INSURANCE CO. LTD. BEED
VERSUS
VIMAL TUKARAM BAGATE AND OTHERS
...
Advocate for Appellant : Mr. R. D. Borde i/b. Mr. U. S. Malte
...
HON’BLE SHRI JUSTICE SANDIPKUMAR C. MORE,
(Head of the Panel)
SHRI. S. G. SHETE
(Retd. District Judge)
SHRI. A. M. PHULE, (Advocate)
(Member)
...
ORDER
1. Learned Advocate Mr. R. D. Borde i/b Adv. Mr. U. S. Malte for the
appellant and Mr. Viral B. Durge, an authorized person of the Oriental
Insurance Company, are present.
2. The appellant/Insurance Company has placed on record copy of e-
mail for withdrawal of the appeal as well as authority letter dated
27.03.2026 in the name of Adv. Mr. U. S. Malte. The same are taken on
record and marked as ‘X’ and ‘X-1’, for identification.
2 56-FA-2864-09.odt
3. The appellant has accepted the award passed by the Motor Accident
Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No. 143 of
2004.
4. Learned Advocate for the appellant submitted that the amount of
compensation has been deposited with the Registry of this Court and already
withdrawn by the claimants as per order dated 22.07.2009.
5. In view of the withdrawal pursis, First Appeal stands disposed of.
Pending civil application, if any, also stands disposed of.
6. The award be drawn up accordingly.
7. The appellant-Insurance Company undertakes to communicate the
withdrawal of First Appeal to the claimants or their Advocate.
8. The request of refund of court fees shall be processed by the office in
accordance with law.
(A. M. PHULE) (S. G. SHETE) (SANDIPKUMAR C. MORE, J.)
MEMBER RETD. DISTRICT JUDGE HEAD OF THE PANEL
Date: 29.03.2026
Place: Aurangabad
rrd/ysk
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