Bombay High Court
NEW INDIA ASSURANCE COMPANY LTD BRANCH NANDED THROUGH ITS DIVNL.MANAGER AURANGABADversusKAITA RAHUL DHEPE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is deemed disposed upon the appellant's withdrawal, allowing the respondents to recover the deposited amount and interest per the MACP order, with court fees to be refunded as per rules.
Summary
The appellant, New India Assurance Company Ltd., filed a first appeal before the National Lok Adalat of the High Court, Bombay Bench at Aurangabad, concerning a motor accident claim. The appellant, through its advocates, submitted withdrawal purses and an authority letter indicating its intention to withdraw the appeal. The Lok Adalat held that, upon withdrawal, the appeal stands disposed and the civil application, if any, is also disposed. The amount deposited by the appellant, along with accrued interest, may be withdrawn by the respondents as per the order of the Motor Accident Claims Tribunal, Nanded (MACP No. 613/2006). The court also directed that any court fee paid shall be refunded in accordance with the rules. Consequently, the appeal was dismissed and the matter concluded.
Issues considered
- Whether an appeal pending before a Lok Adalat can be withdrawn by the appellant.
- What are the consequences of such withdrawal on the deposited amount, accrued interest, and court fees?
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- insurance claim
- Motor Accident Claims Tribunal
- court fee refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:22133 40 FIRST APPEAL NO. 3775 OF 2023
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. Branch Nanded
Through Its Divnl. Manager Aurangabad
Respondents : Kaita Rahul Dhepe And Ors.
No. of proceedings : FIRST APPEAL NO. 3775 OF 2023
Advocate for Appellant : Mr. M. 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.
S. D. Kamlakar, Manager, The New India Assurance Co. Ltd., is
present with withdrawal pursis and authority letter, which are
marked as "X" and "X-1" respectively.
3. In view of the withdrawal pursis, 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 along with
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40 FIRST APPEAL NO. 3775 OF 2023
accrued interest thereon is permitted to be withdrawn by the
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Nanded in MACP No. 613/2006,
without 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 as per rules.
(A. M. PHULE) (S. G. SHETE) (VAISHALI PATIL - JADHAV)
MEMBER DISTRICT JUDGE HEAD OF THE PANEL
(RETIRED)
Date : 09.05.2026
(Seal of the Authority/Committee)
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