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2023 DAILYLAW 2799 (BOM)

GO DIGIT GENERAL INSURANCE CO. LTD., PUNE v. DRAUPADA NAMDEV PATIL AND ORS.

FA/966/2023 · 2026-03-18

Shri M M Sathaye

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2-FA-966-2023.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION 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 Out of the said amount, Respondent Nos. 1 to 4 (Claimants) have already withdrawn Rs.24,31,966/- 4.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 Harish 1 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2026.03.19 14:07:37 +0530 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can be withdraw by the Respondents/Claimants, out of which, partial amount as indicated above, has been already withdrawn.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. Harish 2 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