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Bombay High Court

THE NEW INDIA ASSURANE CO LTDversusLIMBAJI TUKARAM WANVE AND ORS

Disposal
DISPOSED OFF

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  • Whether an appeal pending before the Lok Adalat can be withdrawn by the appellant.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

                komal kamble/                                                           1/2
                                                                  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)




komal kamble/                                                             2/2


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