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Bombay High Court

NEW INDIA ASSURANCE COMPANY LTD BR NANDED THROUGH ITS DIVNL.MANAGER AURANGABADversusSUGANDHABAI SATISH DHEPE AND ORS

Disposal
DISPOSED OFF

Holding

The appeal was disposed of due to the appellant's withdrawal, and the deposited amount with interest was to be withdrawn by the claimants as per the MAC Tribunal order.

Summary

The appellant, New India Assurance Company Ltd., filed a first appeal in the National Lok Adalat at the High Court of Bombay, Aurangabad bench, against claimants Sugandhabai Satish Dhepe and others. The appellant, through its advocate Mr. M. R. Deshmukh, submitted withdrawal purses and an authority letter, indicating its intention to withdraw the appeal. The Lok Adalat disposed the appeal on the basis of this withdrawal, and the civil application, if any, was also dismissed. The amount deposited by the appellant, along with accrued interest, was ordered to be withdrawn by the claimants as per the Motor Accident Claims Tribunal, Nanded order, without further reference to the court. The court also directed that any court fees paid be refunded as per the applicable rules.

Issues considered

  • The effect of a withdrawal of appeal before a Lok Adalat on the pending proceedings
  • The entitlement of claimants to withdraw the deposited amount and interest following the appellant's withdrawal

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:22157                                              41 FIRST APPEAL NO. 4435 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. Br Nanded Through
                Its Divnl. Manager Aurangabad

                Respondents : Sugandhabai Satish Dhepe And Ors.

                No. of proceedings : FIRST APPEAL NO. 4435 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
                                                 41 FIRST APPEAL NO. 4435 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. 640/2006,
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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