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Bombay High Court

NEW INDIA ASSURANCE COMPANYLTD AURANGBAD THROUGH DIVNL. MANAGERversusSUBHASHRAO LIMBAJIRAO GITE AND ORS

Disposal
DISPOSED OFF

Holding

The appeal is deemed disposed upon withdrawal, and the deposited amount with interest may be released to the claimants as per the MACP order.

Summary

The dispute between New India Assurance Co. Ltd. and the claimants Subhashrao Limbajirao Gite et al. was referred to the Lok Adalat. The appellant filed a first appeal but subsequently submitted a withdrawal pursis with authority. The court held that the withdrawal of the appeal results in its disposal, and the amount deposited by the insurer, together with accrued interest, may be released to the claimants in accordance with the order of the Motor Accident Claims Tribunal, Parbhani (MACP No. 228/2007). The insurer undertook to inform the claimants of the withdrawal, and any court fees paid are to be refunded as per the rules. Consequently, the civil application, if any, is also disposed of.

Issues considered

  • Can an appeal filed before a Lok Adalat be withdrawn by the appellant?
  • What are the consequences of such withdrawal on the deposited amount, interest, and court fees?

Legislation cited

Subjects

  • Lok Adalat
  • withdrawal of appeal
  • insurance claim
  • motor accident
  • court fee refund
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:22148                                               18 FIRST APPEAL NO. 659 OF 2010



                     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 Through
                Divnl. Manager

                Respondents : Subhashrao Limbajirao Gite And Ors.

                No. of proceedings : FIRST APPEAL NO. 659 OF 2010

                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
                                                  18 FIRST APPEAL NO. 659 OF 2010



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. 228/2007,
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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