Created by Fuzzy Cloud

Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD.versusBABULAL BUDHIRAM VISHWKARMA AND ORS

Disposal
DISPOSED OFF

Holding

The appeal is deemed withdrawn and is disposed of, and the deposited amount with interest is to be released to the claimants as per the Tribunal’s order.

Summary

The New India Assurance Company filed First Appeal No. 964 of 2012 before the National Lok Adalat of the High Court at Aurangabad challenging an order of the Motor Accident Claims Tribunal, Aurangabad, regarding the apportionment of a claim amount. The appellant, represented by Advocate A.S. Usmanpurkar, later submitted a withdrawal petition accompanied by an authority letter. The Lok Adalat, presided over by Judge Vaishali Patil‑Jadhav, accepted the withdrawal and disposed of the appeal as withdrawn. Consequently, the amount deposited by the insurer, together with accrued interest, was ordered to be released to the claimants as per the Tribunal’s order, without further reference to the Court. The Court also directed that any court fees paid be refunded and that the insurer communicate the withdrawal to the claimants.

Issues considered

  • What is the effect of a withdrawal petition on a pending appeal before the National Lok Adalat?
  • How should the deposited amount and accrued interest be dealt with upon withdrawal of the appeal?

Legislation cited

Subjects

  • withdrawal of appeal
  • National Lok Adalat
  • Motor Accident Claims Tribunal
  • insurance claim
  • court fee refund
  • Legal Services Authorities Act

Judgment

2026:BHC-AUG:13414
                                                      (1)
                                                                               964.2012FA.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)

                Appellant : The New India Assurance Company

                Respondents : Babulal Budhiram Vishwkarma and others

                No. of proceedings : FIRST APPEAL NO. 964 OF 2012

                Advocate for Appellant : Mr. A.S. Usmanpurkar

                Name of Hon’ble High Court Judge: VAISHALI PATIL-JADHAV

                Retired Judicial Officer: Shri. S.G. Shete

                Name of Member : Adv. Avinash R. Borulkar

                                                   AWARD

                .       Not on board. On being mentioned taken on board.

                2.      Mr. A.S. Usmanpurkar, learned Advocate and Mr. Dinesh Shankar
                Bankar, authorized signatory of the New India Assurance Committee
                Limited is present with authority letter/withdrawal pursis, which is
                marked as "X".


                3.      In view of the withdrawal pursis, First Appeal stands disposed of as
                withdrawn. 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 respondents/claimants as per
                order of apportionment passed by Motor Accident Claims Tribunal,
                Aurangabad in M.A.C.P. no.549/2007 and the same be released to the
                claimants without reference to this Court.
                                    (2)
                                                           964.2012FA.odt
5.     The appellant - Insurance Company undertakes to communicate the
withdrawal of appeal to the claimants or their Advocate.



6.     The parties are informed that the Court fee, if any, paid by any of
them, shall be refunded.



(AVINASH R. BORULKAR) (S.G. SHETE)             (VAISHALI PATIL-JADHAV)
     MEMBER          DISTRICT JUDGE              HEAD OF THE PANEL
                       (RETIRED)


 Date: 14.03.2026

sga/                       (Seal of the Authority/Committee)


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.