Bombay High Court

THE NEW INDIA ASSURANCE CO LTD THR BR MANAGER PARBHANIversusNAMDEO DNYANESHWAR ATTAMWAD AND ANR

Disposal: DISPOSED OFF
Bench: LOK ADALAT

Holding

The appeal is disposed of on account of the appellant's withdrawal, and the deposited amount with interest is to be returned to the respondents.

Summary

The New India Assurance Company Ltd. filed a first appeal (No. 3445 of 2011) before the National Lok Adalat of the Bombay High Court, Aurangabad Bench, challenging an order of the Motor Accident Claims Tribunal, Parbhani (MACP No. 35/2008). The appeal was referred to the Lok Adalat for settlement. The appellant, through Advocate S. V. Kulkarni and a company manager, submitted a withdrawal petition and authority letter, indicating its intention to withdraw the appeal. The Lok Adalat accepted the withdrawal, disposed of the appeal, and ordered that the amount deposited by the appellant, together with accrued interest, be returned to the respondents as per the Tribunal's order. The court also directed that any court fees paid be refunded, and the appellant was to communicate the withdrawal to the claimants.

Issues considered

Whether the appellant may withdraw its appeal before the Lok Adalat
Consequences of withdrawal on the deposited amount and court fees

Legislation cited

Legal Services Authorities Act, 1987 — s. 19

Subjects

Lok Adalat
appeal withdrawal
insurance claim
motor accident claims tribunal
court fee refund

Judgment

                                    (1)
                                                       P2-FA-3445-2011.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 : The New India Assurance Company Ltd.,

Respondents : Namdeo Dnyaneshwar Attamwad and Ors.

No. of proceedings : FIRST APPEAL NO. 3445 OF 2011

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. A.M. PHULE

                                 AWARD

1.           Not on board. Upon mentioning, taken on board.


2.           The dispute between the parties having been referred for
determination to the Lok Adalat.


3.           Learned Advocate Mr. S. V. Kulkarni along with Mr.
Sandesh Kamlakar, Manager, The New India Assurance Company
Ltd., is present with withdrawal pursis and authority letter, which
are taken on record and marked as "X" and "X-I".


4.           In view of the withdrawal pursis, Appeal stands
disposed of. Civil Application, if any, stands disposed of.


5.           In view of withdrawal of appeal, the amount deposited
by the Appellant - Insurance Company in this Court alongwith
                                    (2)
                                                      P2-FA-3445-2011.odt
accrued interest thereon is permitted to be withdrawn by the
Respondents-Claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Parbhani, Dist. Parbhani, in MACP
No. 35/2008 without any 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.



       (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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