Bombay High Court
THE NEW INDIA ASSURANCE CO LTD.versusSABERABEE ABDUL WAHED PATHAN and ANR.
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal was withdrawn, leading to its disposal, and the deposited amount with interest was ordered to be returned to the claimants, with court fees to be refunded as per rules.
Summary
The dispute between The New India Assurance Co. Ltd. and the claimants Saberabee Abdul Wahed Pathan & Anr. was referred to the Lok Adalat for determination. The appellant filed a first appeal (No. 484 of 2005) but subsequently submitted a withdrawal pursis along with an authority letter. The Lok Adalat panel considered the withdrawal and held that the appeal stands disposed of, and any civil application, if filed, is also disposed. Consequently, the amount deposited by the insurance company, together with accrued interest, may be withdrawn by the claimants as per the order of the Motor Accident Claims Tribunal, Latur. The appellant was directed to communicate the withdrawal to the claimants, and any court fee paid is to be refunded in accordance with the applicable rules.
Issues considered
- Whether an appeal before the Lok Adalat can be withdrawn by the appellant.
- What are the procedural consequences of such withdrawal regarding disposal of the appeal, return of deposited amounts, and refund of court fees.
Legislation cited
Subjects
- Lok Adalat
- Appeal Withdrawal
- Insurance Claim
- Motor Accident Claims Tribunal
- Court Fee Refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:22142 9 FIRST APPEAL NO. 484 OF 2005
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 Co. Ltd.
Respondents : Saberabee Abdul Wahed Pathan And Anr.
No. of proceedings : FIRST APPEAL NO. 484 OF 2005
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. N. Sangle, Assistant 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
accrued interest thereon is permitted to be withdrawn by the
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9 FIRST APPEAL NO. 484 OF 2005
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Latur in MACP No. 277/2002,
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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