Bombay High Court
NEW INDIA ASSURANCE CO. LTD.versusMANGAL SANTOSH ADHAV AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is withdrawn and the award amount deposited with the court is to be released to the claimants in accordance with the M.A.C.T. apportionment.
Summary
The appellant, New India Assurance Company Ltd., filed a first appeal (No. 3194 of 2018) before the National Lok Adalat of the High Court of Bombay, Aurangabad Bench. The appellant’s authorized signatory and counsel submitted a withdrawal petition, indicating that the award amount had already been deposited with the court registry. The court, upon receipt of the withdrawal, ordered the appeal to be disposed of and directed that the deposited award be released to the claimants in accordance with the apportionment order of the M.A.C.T. Shrirampur in M.A.C.P. No. 326/2010. The insurer undertook to inform the claimants of the withdrawal, and any court fees paid were to be refunded. Consequently, the appeal was closed without further adjudication on the merits.
Issues considered
- Whether the appeal can be withdrawn and the award amount deposited with the court be released to the claimants as per the M.A.C.T. order
Subjects
- insurance
- award
- withdrawal of appeal
- legal services
- disbursement
- M.A.C.T.
Judgment
2026:BHC-AUG:13428
(1)
3194.2018FA.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 : New India Assurance Company Ltd.,
Respondents : Smt. Mangal Santosh Adhav and others
No. of proceedings : FIRST APPEAL NO. 3194 OF 2018
Advocate for Appellant : Mr. S.V. Kulkarni
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. The authorized signatory Mr. Dinesh Shankar Bankar of The
New India Assurance Company Ltd., and Mr. Shri S.V. Kulkarni, learned
advocate for appellant is present and filed authority/withdrawal pursis,
which is marked as "X".
3. In view of the withdrawal pursis, Appeal is disposed of. Civil
Application, if any, stands disposed of.
4. Learned Advocate for the appellant submitted that the
amount of award has already been deposited and which is lying with the
Registry of this Court and the same be disbursed to the claimants as per
the apportionment made by the M.A.C.T. Shrirampur in M.A.C.P.
No.326/2010.
5. The amount which is deposited in this Court be released to
the claimants, without reference to this Court as per the apportionment
(2)
3194.2018FA.odt
made by the learned M.A.C.T.
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.
(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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