Bombay High Court
THE NEW INDIA ASSURANCE COMPANY LTDversusLIMBAJI TUKARAM WANVE AND ORS
- Disposal
- DISPOSED OFF
- Bench
- LOK ADALAT
Holding
The appeal is deemed disposed upon withdrawal, and the deposited amount with interest is to be returned to the claimants.
Summary
The dispute between The New India Assurance Co. Ltd. and the claimants was referred to the Lok Adalat for settlement. The appellant filed an appeal (First Appeal No. 919 of 2002) but subsequently submitted a withdrawal pursis along with the authority letter. The Lok Adalat, observing the withdrawal, disposed of the appeal and any pending civil application. It ordered that the amount deposited by the insurance company, together with accrued interest, be returned to the claimants as per the order of the Motor Accident Claims Tribunal, Beed. The appellant also undertook to inform the claimants of the withdrawal, and the court fee, if any, is to be refunded as per the rules.
Issues considered
- Whether the withdrawal of an appeal before the Lok Adalat results in the disposal of the appeal.
- Whether the amount deposited by the appellant, along with interest, can be returned to the claimants upon withdrawal.
Legislation cited
Subjects
- Lok Adalat
- Appeal withdrawal
- Insurance claim
- Motor Accident Claims Tribunal
- Court fee refund
- Legal Services Authorities Act
Judgment
2026:BHC-AUG:22158 1 fa 919 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. 919 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 919 2002
respondents - claimants as per order of apportionment passed by the
Motor Accident Claims Tribunal, Beed in MACP No. 186/1996,
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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