Bombay High Court
NEW INDIA ASSURANCE CO LTDversusBHAVARLAL PUNAMJI JAIN and ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is disposed of due to the appellant's withdrawal, and the respondents may withdraw the deposited amount as per the Tribunal's order.
Summary
The dispute between New India Insurance Co. Ltd. (appellant) and Bhavarlal Punamji Jain and others (respondents) was referred to the National Lok Adalat of the Bombay High Court, Aurangabad Bench. The appellant filed a withdrawal petition, accompanied by an authority letter, indicating its intention to withdraw the appeal. The Lok Adalat accepted the withdrawal, disposing of the appeal and any related civil applications. The insurer undertook to deposit any remaining amount due to the claimants within eight weeks, and the respondents were permitted to withdraw the amount already deposited, as per the Motor Accident Claims Tribunal order. The court also directed the refund of any court fees paid, and the appellant was to communicate the withdrawal to the claimants.
Issues considered
- Whether the appellant's withdrawal of the appeal leads to disposal of the appeal and related proceedings
- Whether the respondents are entitled to withdraw the amount already deposited by the insurer in accordance with the Motor Accident Claims Tribunal order
Legislation cited
Subjects
- Lok Adalat
- appeal withdrawal
- insurance claim
- motor accident
- Legal Services Authorities Act
- court fee refund
Judgment
2026:BHC-AUG:22164 6 fa 815 2004
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 Insurance Co. Ltd.
Respondents : Bhavarlal Punamji Jain And Ors.
No. of proceedings : FIRST APPEAL NO. 815 OF 2004
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. Appellant - New India Insurance Co. Ltd. undertakes to
deposit the remaining amount, if any, within a period of eight weeks.
komal kamble/ 1/2
6 fa 815 2004
5. 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, Nandurbar in MACP No. 59/2001,
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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