Bombay High Court

GO DIGIT GENERAL INSURANCE CO. LTD., PUNEversusDRAUPADA NAMDEV PATIL AND ORS.

Disposal: Disposed Off
Bench: M M SATHAYE

Holding

The court approved the parties' settlement, permitting the claimants to withdraw Rs.11,68,034 and the insurer to withdraw the remaining balance with interest, thereby fully and finally settling the claim.

Summary

The appellant, Go Digit General Insurance Co., appealed a Motor Accident Claims Tribunal award concerning a motor accident claim by Draupada Namdev Patil and others. The appellant had previously deposited Rs.37,41,487 with the Tribunal, of which the claimants had withdrawn Rs.24,31,966. The insurer, through its legal manager, offered a lump‑sum settlement of Rs.36,00,000 as full and final settlement. The claimants' counsel accepted the offer. The High Court disposed of the appeal by approving the settlement, authorising the claimants to withdraw a further Rs.11,68,034 and allowing the insurer to withdraw the balance with interest, thereby concluding the dispute.

Issues considered

Whether the parties may settle the motor accident claim by a lump‑sum payment and withdraw the remaining amounts from the Tribunal
Whether the High Court can approve such a settlement and direct the withdrawal of funds

Subjects

settlement
motor accident claim
insurance
appeal
full and final settlement
withdrawal of funds

Judgment

2-FA-966-2023.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
Digitally signed

HARISH
by HARISH
VITHAL
CIVIL APPELLATE JURISDICTION
VITHAL CHAUDHARI
CHAUDHARI Date:
2026.03.19
14:07:37 +0530
FIRST APPEAL NO. 966 OF 2023

Go Digit General Insurance Co. Ltd., Pune ...Appellant
VERSUS
Draupada Namdev Patil And Ors. ...Respondents

***
Mr. Faizkhan Firozkah Pathan, Legal Manager of Appellant.
Mr. Tejpal Ingale a/w Saurabh Patil for Respondent Nos. 1 to 4.
***
CORAM : M. M. SATHAYE, J.
DATE : 18th MARCH, 2026.
P.C.

1. Heard learned counsel for the parties.

2. The Appellant is Insurance Company, who has challenged the
impugned judgment and award dated 15.12.2022 passed in Motor
Accident Claims Petition (MACP) No.51/2020 by Motor Accident Claims
Tribunal (MACT), Sangli.

3. Pursuant to earlier order passed by this Court, the Appellant
Insurance Company has deposited an amount of Rs.37,41,487/- with the
concerned Tribunal. Out of the said amount, Respondent Nos. 1 to 4
(Claimants) have already withdrawn Rs.24,31,966/-

4. Today, Mr. Faizkhan Firozkhan Pathan, Legal Manager of
Appellant Insurance Company is present in the Court, who has produced
on record his self attested ID proof and the authority letter dated
05.12.2025 authorizing him to appear, sign and plead for the purpose of

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2-FA-966-2023.DOC

settlement. The authority letter and self attested ID proof is taken on
record and marked as “X (Colly)” for identification.

5. Mr. Pathan states on instructions that the Appellant Insurance
Company is willing to settle the dispute by agreeing to Rs. 36,00,000/- as a
lump-sum amount towards full and final settlement of claim. He states that
total amount of Rs. 36,00,000/- can be withdraw by the
Respondents/Claimants, out of which, partial amount as indicated above,
has been already withdrawn. Statement Accepted.

6. Mr. Ingale, learned counsel for Respondent Nos. 1 to 4 /
Claimants, on instructions, agreed to the above amount of Rs. 36,00,000/-
as full and final settlement of the claim.

7. Considering the aforesaid, the First Appeal is disposed of by
passing following order.
ORDER

(I) Respondent Nos. 1 to 4 Claimants shall be entitled to
withdraw jointly further amount of Rs. 11,68,034/- from
the the concerned Tribunal. The Appellant Insurance
Company hereby gives no objection for such withdrawal.
On such further withdrawal, the concerned claim shall
stand settled fully and finally.

(ii) The Appellant Insurance Company shall be entitled to
withdraw from concerned Tribunal the remaining amount
along with accrued interest, if any.

(iii) Statutory amount of Rs.25,000/- deposited with this Court
(Registry) shall be transferred to the Concerned Tribunal
along with accrued interest, if any.

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2-FA-966-2023.DOC

(iv) The Appellant Insurance Company shall also be entitled to
withdraw the statutory amount with accrued interest, if
any.

8. Considering that the Appeal is disposed of by way of aforesaid
settlement, the Registry is directed to refund Court fees as per Rules.

9. All concerned to act on duly authenticated or digitally signed
copy of this order.

[M. M. SATHAYE, J.]

Harish 3

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