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Bombay High Court

NEW INDIA ASSURANCE COMPANY LTD BRANCH NANDED THROUGH ITS DIVNL.MANAGER AURANGABADversusKAITA RAHUL DHEPE AND ORS

Disposal
DISPOSED OFF

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 The amount deposited by the appellant, along with accrued interest, may be withdrawn by the respondents as per the order of the Motor Accident Claims Tribunal, Nanded (MACP No. 613/2006).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  • Whether an appeal pending before a Lok Adalat can be withdrawn by the appellant.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

                komal kamble/                                                              1/2
                                                 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)




komal kamble/                                                               2/2


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