Bombay High Court
THE NEW INDIA ASSURANE CO LTDversusLIMBAJI TUKARAM WANVE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
A withdrawal petition filed by the appellant leads to the disposal of the appeal and the return of the deposited amount to the claimants as per the Tribunal's order.
Summary
The dispute between The New India Assurance Co. Ltd. and the claimants Limbaji Tukaram Wanve & Ors. was referred to the Lok Adalat under Section 19 of the Legal Services Authorities Act, 1987. The appellant filed an appeal but subsequently submitted a withdrawal petition along with the requisite authority letter. The Lok Adalat held that the withdrawal of the appeal resulted in the disposal of the appeal and any pending civil application. Consequently, the amount deposited by the insurance company, together with accrued interest, was ordered to be returned to the claimants as per the order of the Motor Accident Claims Tribunal, Beed (MACP No. 184/1996). The appellant was also directed to inform the claimants of the withdrawal, and any court fees paid were to be refunded in accordance with the rules.
Issues considered
- Whether an appeal pending before the Lok Adalat can be withdrawn by the appellant.
- Consequences of withdrawal of an appeal on the deposited amount and court fees.
Legislation cited
Subjects
- Lok Adalat
- withdrawal of appeal
- insurance claim
- motor accident compensation
- Legal Services Authorities Act
- court fee refund
Judgment
2026:BHC-AUG:22116 1 fa 918 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. 918 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
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1 fa 918 2002
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Beed in MACP No. 184/1996,
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)
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