Uddhav Pralhadrao Barsole Vs Suryakant Baburao Kamble and Ors. — Bombay HC (2025) — LawSathi Research

Uddhav Pralhadrao Barsole Vs Suryakant Baburao Kamble and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the Consent Terms (marked "X"); award to be drawn up accordingly; respondent Nos. 1 to 4 / original claimants permitted to withdraw Rs. 3,00,000 towards total compensation (Rs. 1,60,000 already withdrawn; balance Rs. 1,40,000 with proportionate accrued interest); appellant permitted to withdraw Rs. 55,229 with proportionate accrued interest; amount apportioned among claimants equally; parties to bear their own costs; pending applications disposed of.

Issue for consideration

Whether the first appeal against the Tribunal's judgment and award should be disposed of in terms of the Consent Terms arrived at between the appellant (owner of the motorcycle) and respondent Nos. 1 to 4 (original claimants). +1 more

Court's answer

The appeal is disposed of in terms of the Consent Terms and an award is to be drawn up accordingly.

Ratio / Principle

The parties are permitted to withdraw the amounts specified in paragraphs 4 to 6 of the Consent Terms, in respect of their respective shares, along with the proportionate accrued interest.

Key takeaways

The amount is to be apportioned among the claimants equally.ratio¶30
The parties shall bear their own costs.ratio¶29
Pending applications, if any, also stand disposed of.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad) [Abhay J. Mantri, J.] disposed of First Appeal No. 695 of 2021 (with Civil Application No. 3593 of 2019), challenging a motor-accident judgment and award of the learned Tribunal, in terms of Consent Terms (Exhibit "X") executed between the appellant — owner of the motorcycle — and respondent Nos. 1 to 4, the original claimants, who had settled the matter amicably out of Court. Recorded position: respondent No. 5 (Driver) had already deposited 50% of his share of the compensation imposed on him before the Tribunal and the claimants had withdrawn it; respondent No. 6, the Insurance Company, stood exonerated of contractual liability by the Tribunal; both were formal parties. Under paragraphs 4 to 6 of the Consent Terms, the claimants are entitled to withdraw Rs. 3,00,000 towards total compensation (Rs. 1,60,000 already withdrawn; balance Rs. 1,40,000 with proportionate accrued interest), and the appellant is permitted to withdraw Rs. 55,229 with proportionate accrued interest. The appeal was disposed of accordingly with an award to be drawn up; the amount is to be apportioned among the claimants equally; parties bear their own costs; pending applications stand disposed of. No precedent was cited or relied upon; the disposal is purely consensual.

53.FA.695.2021.odt

2025:BHC-AUG:34183

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

FIRST APPEAL NO. 695 OF 2021

Uddhav Pralhadrao Barsole ...Appellant

Versus

Suryakant Baburao Kamble & Ors. ...Respondents

WITH CIVIL APPLICATION NO. 3593 OF 2019

IN FIRST APPEAL NO. 695 OF 2021

Mr. Shirsat Suhas R., Advocate for the Appellant. Mr. Y. K. Bobade, Advocate for Respondent Nos. 1 to 4. Mr. S. S. Rathi, Advocate for Respondent No.6

CORAM : ABHAY J. MANTRI, J. DATE : DECEMBER 08, 2025

PER COURT :

The learned counsel for the parties submitted that the appellant/ owner of the motorcycle and respondent Nos. 1 to 4, i.e., the original claimants, are present in the Court. They have settled the matter amicably between themselves out of Court. Accordingly, the learned counsel for the parties tendered across the bar the “Consent Terms / Settlement Terms.” The same is taken on record and marked “X” for identification purposes.

The appellant and respondent Nos. 1 to 4 have admitted the contents of the Consent Terms and their signatures thereon. Accordingly, the same have been verified, read, and recorded.

Page1 of 3

Shrikant Malani

53.FA.695.2021.odt

In paragraph Nos. 4 to 6 of the Consent Terms, it is categorically agreed that respondent Nos. 1 to 4 / original claimants are entitled to withdraw an amount of 3,00,000 towards total compensation,₹ out of which they have already withdrawn 1,60,000/- and are ready to₹ withdraw the balance amount of 1,40,000/- along with the proportionate₹ accrued interest thereon. Similarly, they have agreed to permit the appellant to withdraw an amount of 55,229/- along with the proportionate accrued₹ interest thereon.

In paragraph No.8 of the consent Terms, they have urged to dispose of the appeal by modifying the impugned judgment and award, accordingly.

The learned counsel for the parties further submitted that the respondent No.5 – Driver had already deposited 50% of his share of the compensation amount of his liability imposed on him before the learned Tribunal, and the claimants withdrew the same. Similarly, respondent No. 6, the Insurance Company, was exonerated of contractual liability by the learned Tribunal. As such, respondents Nos. 5 and 6 are formal parties to the appeal.

In view of the above, the learned counsel for the parties submitted that the appeal be disposed of.

Having considered the Consent Terms as well as the facts of the case, in my view, it would be appropriate to dispose of the appeal.

Page2 of 3

Shrikant Malani

53.FA.695.2021.odt

Consequently, the appeal is disposed of in terms of the Consent Terms. An award be drawn up accordingly.

The parties shall bear their own costs.

Needless to clarify that the parties are permitted to withdraw the amounts as specified in paragraph Nos. 4 to 6 of the Consent Terms, in respect of their respective shares, along with the proportionate accrued interest thereon. Needless to clarify the amount to be apportioned among the claimants equally.

In view of the above, pending applications, if any, also stand disposed of.

(ABHAY J. MANTRI, J.)

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Shrikant Malani