Bombay High Court
NEW INDIA ASSURANCE COMPANY LTD AURANGABAD THR DIVNL MANAGERversusVITHAL MALHARI BHENDEKAR AND ORS
- Disposal
- Withdrawn
- Bench
- LOK ADALAT
Holding
The appeal and any related civil proceedings are disposed of upon withdrawal, and the deposited amount with interest is to be released to the claimants as per the MACP order.
Summary
The New India Assurance Co. Ltd. filed a first appeal (No. 745 of 2012) before the National Lok Adalat of the High Court of Bombay, Aurangabad Bench, but subsequently filed a withdrawal petition along with an authority letter. The court, upon receipt of the withdrawal, disposed of the appeal and any related civil proceedings. It ordered that the amount deposited by the insurer, together with accrued interest, be released to the claimants as per the order of the Motor Accident Claims Tribunal, Parbhani (MACP No. 180 of 2007). The insurer undertook to inform the claimants of the withdrawal, and any court fees paid are to be refunded as per the rules. The matter was concluded without further adjudication on the merits.
Issues considered
- What is the effect of a withdrawal petition on a pending appeal and related civil proceedings?
- Whether the deposited amount and interest can be released to the claimants upon withdrawal of the appeal?
Legislation cited
Subjects
- appeal withdrawal
- insurance claim
- motor accident claims tribunal
- court fees refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:21928
(1)
745.12FA.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)
Appellant : The New India Assurance Co. Ltd.,
Respondent : Vithal S/o Malhari Bhendekar & others
No. of proceedings : FIRST APPEAL NO. 745 OF 2012
Advocate for Appellant : Mr.S.V.Kulkarni
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
Not on board. Upon mentioning, taken on board.
2. Learned Advocate Mr.S.V.Kulkarni along with Mr.Sandesh
Kamlakar, Manager, The New India Assurance Company Ltd., is present
with withdrawal pursis and authority letter, which are marked as 'X' and
'X-1'.
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 respondents -
claimants as per order of apportionment passed by the Motor Accident
Claims Tribunal, Parbhani in MACP No. 180 of 2007, without reference to
this Court.
(2)
745.12FA.odt
5. The appellant-Insurance Company undertakes to
communicate the withdrawal of appeal to the claimants or their Advocate.
6. The parties are informed that the Court fees, 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
sga/ (Seal of the Authority/Committee)
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