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Bombay High Court

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

Disposal
DISPOSED OFF

Holding

The appeal was withdrawn and consequently disposed of, allowing the respondents to receive the deposited amount with interest and refund of any court fees.

Summary

The New India Assurance Company filed a first appeal (No. 966 of 2012) against an order of the Motor Accident Claims Tribunal, Aurangabad, concerning the apportionment of a claim amount. The appellant, through Advocate A.S. Usmanpurkar, submitted a withdrawal petition with the requisite authority letter. The High Court, sitting as a National Lok Adalat under Section 19 of the Legal Services Authorities Act, 1987, accepted the withdrawal and disposed of the appeal as withdrawn. Consequently, the amount deposited by the appellant, along with accrued interest, was ordered to be released to the respondents/claimants as per the Tribunal’s order, without further reference to the Court. The Court also directed that any court fees paid be refunded.

Issues considered

  • Can an appeal filed before the High Court be withdrawn after the commencement of proceedings?
  • What are the consequences of withdrawal of an appeal on the deposited amount and court fees?

Legislation cited

Subjects

  • appeal withdrawal
  • motor accident claims
  • insurance
  • court fee refund
  • National Lok Adalat

Judgment

2026:BHC-AUG:13415
                                                      (1)
                                                                               966.2012FA.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. 966 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.550/2007 and the same be released to the
                claimants without reference to this Court.
                                    (2)
                                                           966.2012FA.odt
5.     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)


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