Created by Fuzzy Cloud

Bombay High Court

ASHABEE ALLAUDDIN SHAIKH AND ORSversusNEMICHAND RAMBHAU WARPE AND ORS

Disposal
DISPOSED OFF

Holding

The Court held that interest should be awarded from the date of filing the claim petitions before the tribunal, and accordingly modified the earlier order while permitting substitution of the applicants as legal heirs.

Summary

The applicants, Ashabee Allaudin Shaikh and others, filed three civil applications seeking modification of the Court's earlier orders dated 9 January 2026, which had granted interest at 9% per annum from the date of filing the appeals. They contended that interest should instead be calculated from the date of filing the claim petitions before the Motor Accident Claims Tribunal, thereby aligning the award with the original tribunal award. The respondents, including the insurance company, argued that the Court's earlier interest award was already excessive and that, absent a review application, the orders could not be altered. The Court examined whether the interest period could be revised and whether the applicants could be substituted as legal heirs of deceased appellants. It held that interest must be backdated to the filing of the claim petitions and accordingly modified the operative part of the orders, also permitting the substitution of the applicants as legal heirs of the deceased parties. The Court allowed the withdrawal of any amount deposited with accrued interest under the modified award and disposed of all applications.

Issues considered

  • Whether interest awarded in the earlier judgment should be calculated from the date of filing the appeal or from the date of filing the claim petitions before the Motor Accident Claims Tribunal.
  • Whether the Court can modify its earlier order without a formal review application.
  • Whether the applicants may be substituted as legal heirs of the deceased original appellants.

Subjects

  • interest
  • Motor Accident Claims Tribunal
  • substitution of legal heirs
  • modification of judgment
  • civil application
  • insurance claim

Judgment

2026:BHC-AUG:38576

                                                                      CA 2477/26 & Ors.
                                                 1

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             24 CIVIL APPLICATION NO. 2477 OF 2026
                                         IN FA/558/2020

                             ASHABEE ALLAUDDIN SHAIKH AND ORS
                                             VERSUS
                             NEMICHAND RAMBHAU WARPE AND ORS
                                                ...
                             Advocate for Applicant : Mr. S.S. Manale
                         Advocate for Respondents 1 & 2 : Mr. M.U. Shelke
                          Advocate for Respondent 4 : Mr. Fayaz K. Patel
                            Advocate for Respondent 5 : Mr. S.S. Rathi
                                                ...
                                               WITH
                              CIVIL APPLICATION NO. 2475 OF 2026
                                          IN FA/560/2020
                                               WITH
                              CIVIL APPLICATION NO. 2476 OF 2026
                                          IN FA/559/2020
                                                …

                                CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                Dated         : August 24, 2026

            PER COURT :-

            1.    By these applications bearing Nos. 2477, 2476 and 2475 of 2026, the

            applicants seek modification of the orders dated 9.1.2026 passed by this

            Court in FA Nos. 558, 559 and 560 of 2020, respectively. In Civil Application

            Nos. 2475 and 2476 of 2026, the applicants also pray that the applicants

            may be substituted as legal heirs of deceased original appellant No. 4 in FA

            No. 560/20 and deceased original appellant No. 7 in FA No. 559/2020.

            2.    Heard the learned counsel for the respective parties.

            3.    Mr. S.S. Manale, learned counsel for the applicants submits that this

            court while allowing the appeals had granted interest at the rate of 9% p.a.

            from the date of filing of the above appeals till the date of realisation of

            entire amount. He submits that infact, this Court needs to enhance the
                                                            CA 2477/26 & Ors.
                                       2

amount pursuant to the claim petitions filed before the Motor Accident

Claims Tribunal which back to the original award.

4.    Mr. S.S. Rathi, learned counsel for Insurance company submits that

even the order passed by this Court, enhancing interest at the rate of 9%

p.a. is also exorbitant and even without there being any application for

review, the present applications cannot be entertained. He further submits

that as per the modified award by this Court the amount is already

deposited in this Court and therefore, by such applications, the appellants

cannot be permitted to modify the order passed by this Court.

5.    After going through the arguments advanced by both the parties, I

find that while passing order, this Court needs to consider the prayer for

granting interest from the date of application because ultimately, if the

amount is enhanced that goes back to the original award and therefore, the

interest from the date of claim petition needs to be granted. Therefore, in

my view, the orders dated 9.1.2026 passed by this Court in aforesaid

appeals needs to be modified to that extent. Therefore, in clause (II) of the

operative part, instead of ‘interest at the rate of 9% per annum from the

date of filing of present appeal’, it should be read as ‘interest at the rate of

9% per annum from the date of filing claim petitions before the tribunal.’

6.    The claimants are permitted to withdraw the amount, if any,

deposited in this Court along with accrued interest thereon as per the

modified award.

7.    In CA 2475/2026, for the averments made in the application, the

applicants be permitted to be substituted as legal heirs of deceased

appellant No. 4.

8.    In CA No. 2476/2026, for the averments made in the application, the
                                                           CA 2477/26 & Ors.
                                       3

applicants be permitted to be substituted as legal heirs of deceased

appellant No. 7.

9.     All the applications are disposed of accordingly.



                                           ( SIDDHESHWAR S. THOMBRE, J. )

ssc/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.