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Bombay High Court

UNITED INDIA INSURANCE CO. LTD, AURANGABADversusSHANTABAI BALIRAM FEGADE (DIED) BALIRAM NAMDEO FEGADE AND OTHERS

Disposal
DISPOSED OFF

Holding

The panel held that the appeals may be withdrawn upon submission of a pursis and written instructions, and ordered payment of the claim amount with interest and refund of court fees.

Summary

United India Insurance Company Ltd filed three first appeals against various claimants. The appeals were referred to a Lok Adalat for settlement. The appellant’s counsel submitted a pursis of withdrawal along with written instructions signed by the insurance officer. The panel, after verifying the withdrawal, allowed the appeals to be withdrawn, directing that the amounts deposited by the insurer be disbursed to the claimants with accrued interest and that any court fees be refunded. All pending civil applications, if any, were ordered disposed. The award was to be drawn accordingly.

Issues considered

  • Whether the appeals pending before the Lok Adalat can be withdrawn upon submission of a pursis and written instructions.
  • What are the consequences of such withdrawal regarding the disbursement of the deposited amount, interest, and court fee refund.

Legislation cited

Subjects

  • Lok Adalat
  • withdrawal of appeal
  • insurance claim
  • settlement
  • court fees refund
  • interest on claim
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:12924


                                                                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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