Bombay High Court
THE NEW INDIA ASSURANCE CO. LTD., THR ITS AUTHORIZED OFFICIAL AND DIV. MANAGER, AURANGABADversusDR. UTTAM BAPURAO HOLE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal and the civil application were dismissed as withdrawn, and the deposited amount with interest was ordered to be released to the claimants.
Summary
The New India Assurance Company appealed against a motor accident claim filed by Dr. Uttam Bapurao Hole. Both parties reached an out‑of‑court settlement and filed a joint withdrawal petition along with an authority letter. The High Court, noting the withdrawal, disposed of the first appeal and the related civil application as withdrawn. It ordered that the amount deposited by the insurer, together with accrued interest, be released to the claimants in accordance with the order of the Motor Accident Claims Tribunal, Shrirampur. The Court also directed that any court fees paid be refunded.
Issues considered
- Whether an appeal can be withdrawn after the parties have settled the dispute out of court
- What is the effect of withdrawal on the deposited amount and accrued interest
- Whether court fees paid are refundable upon withdrawal of the appeal
Legislation cited
Subjects
- settlement
- withdrawal of appeal
- motor accident claim
- insurance
- court fee refund
- High Court
Judgment
2026:BHC-AUG:13429
(1)
3458.2018FA+.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 : The New India Assurance Company
Respondents : Dr. Uttam Bapurao Hole and another
No. of proceedings : FIRST APPEAL NO. 3458 OF 2018
WITH CIVIL APPLICATION NO. 7057 OF 2020
Advocate for Appellant in FA : Mr. A.S. Usmanpurkar
Advocate for respondent no.1 in FA : Mr. V.d. Patnurkar
Advocate for applicant in CA : Mr. V.D. Patnurkar
Advocate for respondent no.3 in CA : Mr. A.S. Usmanpurkar
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. Claimant - Uttam Bapurao Hole is present alongwith his Advocate
and Shri Dinesh Bankar, Assistant Manager, authorized representative of
the New India Assurance Committee Limited is present with their
Advocate.
3. Both the parties have amicably settled their dispute out of the Court
and thereby filed joint withdrawal pusis and the authority letter on record,
which are marked as "X" and "X-1".
4. In view of withdrawal pursis, First Appeal as well as Civil
Application stand disposed of as withdrawn.
5. 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 respondents/claimants as per
(2)
3458.2018FA+.odt
order of apportionment passed by Motor Accident Claims Tribunal,
Shrirampur and the same be released to the claimants without reference
to this Court.
6. 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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