Bombay High Court
NEW INDIA ASSURANCE COMPANYLTD AURANGBAD THROUGH DINVL. MANAGERversusSUBHASHRAO LIMBAJIRAO GITE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed as the appellant withdrew it, and the deposited amount with interest is to be released to the claimants, with any court fee to be refunded as per rules.
Summary
The New India Assurance Company Ltd., acting through its manager, filed a first appeal against a motor accident claim decided by the Motor Accident Claims Tribunal, Parbhani. The appeal was referred to the National Lok Adalat at the High Court of Bombay, Aurangabad Bench for settlement. The appellant submitted a withdrawal pursis and authority letter, indicating its intention to withdraw the appeal. The Lok Adalat disposed of the appeal on the basis of this withdrawal and ordered that the amount deposited by the insurer, together with accrued interest, be released to the claimants as per the Tribunal’s apportionment order. The insurer also agreed to inform the claimants of the withdrawal, and any court fees paid were to be refunded in accordance with the rules. The award was signed by the panel members and the retired district judge presiding over the Lok Adalat.
Issues considered
- Whether an appeal pending before a Lok Adalat can be disposed of upon the appellant's withdrawal?
- Whether the amount deposited by the appellant, along with interest, can be released to the claimants after withdrawal?
- Whether court fees paid in such proceedings are refundable upon withdrawal?
Legislation cited
Subjects
- Lok Adalat
- Appeal Withdrawal
- Insurance Claim
- Motor Accident Claims Tribunal
- Court Fee Refund
Judgment
2026:BHC-AUG:22153 19 FIRST APPEAL NO. 660 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
Dinvl. Manager
Respondents : Subhashrao Limbajirao Gite And Ors.
No. of proceedings : FIRST APPEAL NO. 660 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
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19 FIRST APPEAL NO. 660 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. 227/2007,
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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