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Bombay High Court

THE NEW INDIA ASSURANCE CO LTDversusLIMBAJI TUKARAM WANVE AND ORS

Disposal
DISPOSED OFF

Holding

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

Summary

The dispute between The New India Assurance Co. Ltd. and the claimants was referred to a Lok Adalat under the Legal Services Authorities Act. The appellant filed an appeal but subsequently submitted a withdrawal petition along with the requisite authority letter. The Lok Adalat disposed of the appeal on account of the withdrawal, directing that the amount deposited by the insurer, together with accrued interest, be returned to the claimants as per the Motor Accident Claims Tribunal order. The insurer also agreed to inform the claimants of the withdrawal. Any court fees paid are to be refunded in accordance with the rules.

Issues considered

  • Whether the appellant may withdraw its appeal before the Lok Adalat renders a decision
  • Effect of the withdrawal on the deposited amount and accrued interest
  • Entitlement to refund of court fees upon withdrawal

Legislation cited

Subjects

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

Judgment

2026:BHC-AUG:22128                                                              1 fa 917 2002



                     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.

                Respondents : Limbaji Tukaram Wanve And Ors.

                No. of proceedings : FIRST APPEAL NO. 917 OF 2002

                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.              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

                komal kamble/                                                           1/2
                                                                  1 fa 917 2002



respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Beed in MACP No. 182/1996,
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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