Bombay High Court

SUNIL VASANT JADHAV and ANR.versusMANGAL SAMBHAJI BHOSALE and ORS.

Disposal: Disposed Off

Holding

The court set aside the Tribunal’s observations of negligence but confirmed the liability of the appellants and the insurer, fixing the total compensation at Rs.7,50,000 to be paid as per the settlement.

Summary

The appellants, Suryakant and Sunil Jadhav, appealed the Motor Accident Claims Tribunal’s award of Rs.3,00,000 plus interest in favor of the deceased’s widow and minor children, alleging liability for a 1997 road accident. The parties later reached an amicable settlement whereby the appellants would pay Rs.2,50,000 and the insurer, New India Insurance Co., would pay Rs.5,00,000, making the total compensation Rs.7,50,000 to be paid to the widow, Mangal Bhosale. The court accepted the settlement, set aside the Tribunal’s observations of rash and negligent driving, but affirmed the liability of the appellants and the insurer to pay the agreed amount. The court ordered the appellants and the insurer to deposit their shares in the court registry within four weeks and directed the registry to transfer the full sum to the widow’s bank account. The appeal was disposed of by consent, with the award to be drawn accordingly.

Issues considered

Whether the appellants are liable for compensation under the Motor Accident Claims Tribunal’s award.
Whether the Tribunal’s observations of rash and negligent driving can be set aside on settlement.
Whether the settlement agreement between the parties can modify the quantum of compensation.

Subjects

Motor Accident Claims Tribunal
Compensation
Settlement
Liability
Insurance
Minor beneficiaries
Appeal

Judgment

910-FA-354-2004.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 354 OF 2004

1. Sunil Vasant Jadhav,
(Since deceased through his heirs
And legal representatives)

1A. Anita Sunil Jadhav,
Age about 51 years,
Occupation: Housework,

1B. Prathamesh Sunil Jadhav,
Age about 22 years,
Occupation: Service,
Both R/o. Chimangaon
Tal. Koregaon, District: Satara.
Pin code: 415501

2. Shri Suryakant Bajirao Jadhav,
Age about 52 years,
Occupation: Business,
R/o. Chimangaon ...Appellants
Tal. Koregaon, Dist. Satara. (Orig. Opponent No. 1 & 2.

Versus

1. Smt. Mangal Sambhaji Bhosale,
Age about 33 years,
Occupation : Household,

2. Master Dhiraj Sambhaji Bhosale,
Age about 14 years,
Occupation : Education,

3. Master Pankaj Sambhaji Bhosale,
Age about 13 years,
Occupation : Education,
All R/o. Shendurjane, Tal. Koregaon,
Dist. Satara.

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4. The New India Insurance Co.,
Near City Post,
Satara Branch, Satara.

5. Dhondiram Dagadu Bhosale,
Age about 76 years,
R/o. Shendurjane,
Tal. Koregaon, Dist. Satara. …Respondents
(Respondent No. 1 to 3
Orig. Applicants and
Respondent No. 4 & 5 are
Orig. Opponent No. 3 and
4 respectively)

Mr. Sharad Bhosale a/w Mohsin Khan and Amar Dhumal, Advocate for
the Appellants.
Ms. Suvarna Yadav, Advocate for the Respondent Nos. 1 to 3.
Mrs. S. S. Dwivedi, Advocate for the Respondent No. 4 (through VC).

CORAM : ASHWIN D. BHOBE, J.
DATE : 8th October, 2026.

ORAL JUDGEMENT :-

1. Heard, Mr. Sharad Bhosale, learned Advocate for the Appellants,

Ms. Suvarna Yadav, learned Advocate for the Respondent Nos. 1, 2 & 3

and Ms. S. S. Dwivedi, learned Advocate for the Respondent No. 4.

2. By this Appeal, the Appellants (Original Opponent Nos. 1 and 2)

are before this Court, challenging the Judgment and Award dated

11.11.2003, passed by the Motor Accident Claims Tribunal, Satara

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(“Tribunal”), in Motor Accident Claim Petition No. 211 of 1998,

whereby the Respondent Nos. 1, 2, and 3 (Original Claimants) were

awarded compensation of Rs. 3,00,000/- along with interest at 9%

(“impugned Award”).

3. Respondent Nos. 1, 2 and 3 are the Original Claimants,

Appellants are the Original Opponent Nos. 1 and 2 and Respondent No.

4 is the Original Opponent No. 3 in Motor Accident Claim Petition No.

211 of 1998 (“M.A.C.P. No. 211 of 1998”).

4. The material facts relevant to this appeal are that Sambhaji

Dhondiram Bhosale (“deceased”), the husband of Respondent No. 1 and

the father of Respondent Nos. 2 and 3, met with an accident while

travelling on 18.02.1997. Deceased succumbed to the injuries sustained

in the said accident.

5. Respondents Nos. 1, 2 and 3 filed M.A.C.P. No. 211 of 1998

before the Tribunal. By the impugned Award, the Tribunal awarded Rs.

3,00,000/-, along with interest at 9% per annum from the date of filing

of the petition till realization. The Tribunal held the Appellants jointly

and severally liable to pay the said compensation amount.

6. On 10.09.2026, the following order was passed :-
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1. This Appeal was substantially heard on
09.09.2026. Today this Appeal was kept for a limited
purpose, at the request of Ms. S. S. Dwivedi, learned
Advocate for the Respondent No. 4, to tender bullet points.

2. When this matter was called out, Ms. S. S.
Dwivedi, learned Advocate for the Respondent No. 4
Insurance Company, requests for an adjournment. She
requests for listing of this Appeal on 21.09.2026 for the
purpose of giving an opportunity to the Respondent No. 4-
Insurance Company to settle the matter. She, on instructions
from the Respondent No. 4 - Insurance Company, states that
the matter would be settled on or before 21.09.2026.

3. This Appeal is of the year 2004. Though I was
not inclined to consider the grant of adjournment, Ms. S. S.
Dwivedi, learned Advocate for the Respondent No. 4
Insurance Company persuades me to adjourn this Appeal.

4. At the request of Ms. S. S. Dwivedi, learned
Advocate for the Respondent No. 4 Insurance Company and
by consent of Mr. Sharad Bhosale, learned Advocate for the
Appellant, list this Appeal on 21.09.2026.

7. Today, Mr. Sharad Bhosale, learned Advocate for the Appellants,

Ms. Suvarna Yadav, learned Advocate for the Respondent Nos. 1 to 3

and Ms. S. S. Dwivedi, learned Advocate for the Respondent No. 4,

jointly submit that this Appeal be disposed of in view of the amicable

resolution between the parties.

8. Mr. Sharad Bhosale, learned Advocate for the Appellants, states

that the son of Appellant No. 1 is present in Court. Mr. Sharad Bhosale

identifies him and submits that the statements made today are on

instructions from the Appellants, as confirmed by the son of Appellant

No. 1.

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9. Ms. S. S. Dwivedi, learned Advocate for Respondent No. 4 and

Mr. Sharad Bhosale, learned Advocate for the Appellants, submit that

Respondent Nos. 2 and 3, though they were minors on the date of filing

the Petition, have now attained the age of majority.

10. Ms. Suvarna Yadav, learned Advocate for Respondent Nos. 1, 2

and 3, states that Respondent Nos. 2 and 3 have attained the age of

majority and are employed in Mumbai. She submits that Respondent

No. 1 is 65 years of age, suffers from ailments and is not in good health.

11. In view of the statements made by Ms. Suvarna Yadav, learned

Advocate for Respondent Nos. 1, 2 and 3, the parties agree that the

entire compensation amount, as decided, should be paid only to

Respondent No. 1 (Mangal Sambhaji Bhosale).

12. Mr. Sharad Bhosale, learned Advocate for the Appellants, Ms.

Suvarna Yadav, learned Advocate for the Respondent Nos. 1 to 3 and

Ms. S. S. Dwivedi, learned Advocate for the Respondent No. 4, jointly

submit that this Appeal be disposed of by consent.

13. The Appellants and the Respondent No. 4 have agreed to the

following amounts to be paid to the Respondent No. 1 and the following

payment schedule:-
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a. The total compensation to be paid to Respondent No. 1 in

respect of the subject matter of M.A.C.P. No. 211 of 1998, as agreed

by the parties, is Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand

only).

b. The Appellants shall pay Rs. 2,50,000/- (Rupees Two Lakhs

Fifty Thousand only) as their share. Appellants shall deposit Rs.

2,50,000/- (Rupees Two Lakhs Fifty Thousand only) in the Registry

of this Court within four (4) weeks from today i.e. on or before

10.11.2026.

c. The Respondent No. 4 - Insurance Company shall pay Rs.

5,00,000/- (Rupees Five Lakhs only) as their share. Respondent No.

4 shall deposit Rs. 5,00,000/- (Rupees Five Lakhs only) in the

Registry of this Court within four (4) weeks from today i.e. on or

before 10.11.2026.

14. Mr Sharad Bhosale, learned Advocate for the Appellants, and Ms

S. S. Dwivedi, learned Advocate for Respondent No. 4, state that the

statements made by them regarding the compensation amount and the

time schedule for deposit of the same are made on instructions from the

Appellants and Respondent No. 4, respectively. Accordingly, they

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submit that the statements be accepted as statements to the Court.

Statements are accepted.

15. Ms. Suvarna Yadav, learned Advocate for the Respondent Nos. 1,

2 and 3, was called upon to furnish the bank account details of

Respondent No. 1 to facilitate the Registry of this Court in transferring

the compensation amount upon its deposit into the account of

Respondent No. 1. Ms. Suvarna Yadav tendered photostat copies of the

Savings Account of Respondent No. 1 (Mangal Sambhaji Bhosale) with

The Satara District Central Cooperative Bank Limited, Satara, along

with the PAN Card of Respondent No. 1. The same are taken on record

and marked with “X-Colly” for identification.

16. Upon the total amount of Rs.7,50,000/- (Rupees Seven Lakhs

Fifty Thousand only) being deposited with the Registry of this Court,

the Registry of this Court shall, within three (3) days thereafter, transfer

the entire amount to the following bank account of Respondent No. 1

(Mangal Sambhaji Bhosale):-

Bank Name :- The Satara District Central Co. Op. Bank Ltd.,
Satara.

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Branch :- Kinhai

Customer ID :- Saving

SB Ac. No. :- 1096006001736

Name :- Mangal Sambhaji Bhosale

Address :- Shendurjane (Koregaon 415021)

IFS Code :- IBKL0485SDC

17. In view of the above settlement, Mr. Sharad Bhosale, learned

Advocate for the Appellants, and Ms. S. S. Dwivedi, learned Advocate

for the Respondent No. 4, submit that the observations in the impugned

Award regarding rashness and negligence be set aside. The observations

in the impugned Award regarding the rash and negligent driving of the

Appellants only are set aside.

18. Though the said observations in the impugned Award are set

aside, the liability of the Appellants and the Respondent No. 4 to pay

the compensation in M.A.C.P. No. 211 of 1998 is maintained and

confirmed. The compensation payable by the Appellants and the

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Respondent No.4 in M.A.C.P. No. 211 of 1998 is fixed and determined

as Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only).

19. Appellants and Respondent No. 4 are directed to abide by the

schedule for payment and deposit of the compensation.

20. First Appeal No. 354 of 2004 is disposed of.

21. The award shall be drawn accordingly.

22. List this Appeal on 16.11.2026 for reporting compliance with the

deposit by the Appellants and Respondent No. 4 and for reporting

compliance with the transfer of the amount to Respondent No. 1,

(under the caption “For Compliance”).

(ASHWIN D. BHOBE, J.)

Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.10.09
22:08:19
+0530

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