Bombay High Court
UNITED INDIA INSURANCE CO. LTD.versusSHAMABI AHMED QURESHI AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The Lok Adalat allowed the withdrawal of the appeals and ordered payment of the deposited amounts with interest to the claimants, with court‑fee refund as permissible.
Summary
United India Insurance Company Ltd. filed three first appeals against various claimants seeking to contest insurance claim payments. The appeals were referred to a Lok Adalat for settlement. The appellant’s counsel, Mr Swapnil S. Rathi, together with the insurance officer, submitted a written request to withdraw the appeals before the panel. The Lok Adalat allowed the withdrawal, directing that the amounts deposited by the insurer be released to the claimants with accrued interest, and ordered the refund of court fees. Any pending civil applications were deemed disposed, and the award was to be drawn accordingly.
Issues considered
- Whether the appellant can withdraw the first appeals before the Lok Adalat after filing them.
- Effect of withdrawal on the disbursement of the insurance amounts and accrued interest.
- Entitlement to refund of court fees upon withdrawal.
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- insurance claim
- settlement
- Legal Services Authorities Act
- court fee refund
Judgment
2026:BHC-AUG:12922
P-2-FA-511-12, 1302-12, 889-15.odt
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)
.…
FIRST APPEAL NO. 511 OF 2012
UNITED INDIA INSURANCE COMPANY LTD.
VERSUS
SHAMABI AHMED QURESHI AND OTHERS
AND
FIRST APPEAL NO.1302 OF 2012
UNITED INDIA INSURANCE COMPANY LTD.
VERSUS
LAXMIBAI SANJAY SHINDE AND OTHERS
AND
FIRST APPEAL NO.889 OF 2015
UNITED INDIA INSURANCE COMPANY LTD.
VERSUS
SHANTABAI BALIRAM FEGADE - DIED AND OTHERS
.…
Mr. Swapnil S. Rathi, Advocate for the Appellant
.…
HON’BLE SHRI JUSTICE SHAILESH P. BRAHME
(Head of the Panel)
Shri KISHOR R. CHOUDHARI,
(Retired District Judge)
Smt. YOGITA S. THORAT, (Advocate),
(Member)
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(( 2 )) P-2-FA-511-12, 1302-12, 889-15
AWARD
1. Not on board. Taken on board.
2. The dispute between the parties having been referred for
settlement before the Lok Adalat.
3. Advocate Mr. Swapnil Rathi along with the officer Mr.
Mayur Raut, are present before the panel today. They tender on
record the pursis of withdrawal of the appeals along with written
instructions bearing signature of the officer, present today.
4. The first appeals are allowed to be withdrawn in view of
the pursis tendered on record. The amount deposited by the
appellant / insurance company, shall be disbursed to the
respondents / claimants with accrued interest as per their
entitlement. Pending civil applications, if any, stand disposed of.
5. Award be drawn accordingly.
6. The office shall process refund of the court fees as is
permissible in law.
Yogita S. Thorat Kishor R. Choudhari Shailesh P. Brahme, J.
Member Retired District Judge Head of the Panel
Date:- 14.03.2026
Place: Aurangabad
SMS
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