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Bombay High Court

NEW INDIA ASSURANCE COMPANY LTD AURANGABAD THR DIVNL MANAGERversusKANHOPATRA @ POOJA PANDURANG GADAMWAD AND ORS

Disposal
DISPOSED OFF

Holding

The appeal stands disposed of due to the appellant's withdrawal, and the deposited amount with interest may be withdrawn by the respondents as per the MACP order.

Summary

The dispute between New India Assurance Company Ltd. (appellant) and Kanhopatra @ Pooja Pandurang Gadamwad and others (respondents) was referred to the Lok Adalat for determination. The appellant, represented by Mr. M. R. Deshmukh, submitted withdrawal purses and an authority letter, indicating its intention to withdraw the appeal. Consequently, the panel disposed of the appeal and any related civil application. The amount deposited by the insurer, together with accrued interest, was ordered to be withdrawn by the claimants in accordance with the Motor Accident Claims Tribunal, Parbhani order in MACP No. 97/2008. The insurer undertook to inform the claimants of the withdrawal, and the court fee, if any, will be refunded as per the rules.

Issues considered

  • Whether the appellant can withdraw its appeal before the Lok Adalat determination
  • Whether the amount deposited by the appellant can be released to the respondents upon withdrawal

Legislation cited

Subjects

  • Lok Adalat
  • appeal withdrawal
  • insurance claim
  • Motor Accident Claims Tribunal
  • court fee refund

Judgment

2026:BHC-AUG:22140                                               30 FIRST APPEAL NO. 479 OF 2012



                     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. Aurangabad Thr Divnl
                Manager

                Respondents : Kanhopatra @ Pooja Pandurang Gadamwad And Ors.

                No. of proceedings : FIRST APPEAL NO. 479 OF 2012

                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
                                                  30 FIRST APPEAL NO. 479 OF 2012



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 in MACP No. 97/2008,
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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