Bombay High Court

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD, THR ITS BRANCH MANAGER, AURANGABADversusSHAHRUKH KHAN MAHEBOOB KHAN PATHAN AND ANR

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal was withdrawn by the appellant and consequently disposed of.

Summary

The dispute between Bajaj Allianz General Insurance Co. Ltd. (appellant) and the claimants Shahrukh Khan, Maheboob Khan Pathan and others was referred to the National Lok Adalat. The appellant, through its advocate Mr. Mohit R. Deshmukh and an authorized signatory, submitted a withdrawal pursis and authority letter, seeking to withdraw the first 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, along with accrued interest, be released to the claimants as per the Motor Accident Claims Tribunal order. The insurer undertook to inform the claimants of the withdrawal, and any court fees paid were to be refunded. Consequently, the appeal was dismissed and the matter concluded.

Issues considered

Whether the appellant can withdraw its first appeal before the Lok Adalat

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Lok Adalat
appeal withdrawal
insurance claim
motor accident claim
Legal Services Authorities Act

Judgment

                                    (1)
                                                       35-FA-2894-2018.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     : Bajaj Allianz General Insurance Co. Ltd, Thr Its Branch
                Manager, Aurangabad.
Respondents : Shahrukh Khan Maheboob Khan Pathan And Anr.

No. of proceedings : FIRST APPEAL NO. 2894 OF 2018

Advocate for Appellant : Mr. Mohit 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.
Tanmay N. Umbarkar, the Authorized Signatory of the Bajaj Allianz
General Insurance Co. Ltd., is present with withdrawal pursis and
authority letter, which are taken on record and marked as 'X' and
'X-1'.

3.           In view of the withdrawal pursis, First 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 alongwith
accrued interest thereon is permitted to be withdrawn by the
                                    (2)
                                                      35-FA-2894-2018.odt
Respondents-Claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Shahad Dist. Nandurbar in MACP
Nos.121-122/2010 without any reference to this Court.


5.            The     appellant-Insurance   Company     undertakes    to
communicate the withdrawal of Appeal to the Claimants or their
Advocate.


6.            The parties are informed that the Court fee, if any, paid by
any of them, shall be refunded.



       (A.M. PHULE)          (S.G. SHETE)     (VAISHALI PATIL-JADHAV)
         MEMBER             DISTRICT JUDGE       HEAD OF THE PANEL
                               (RETIRED)


 Date: 09.05.2026

DAE/                                  (Seal of the Authority/Committee)

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