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Bombay High Court

ILLIYAS KHAN RAHMAT KHAN.versusFARZANABEE NAIMEEMODDIN AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

Since the policy was a package policy, the liability to pay compensation must be borne jointly and severally by respondent Nos.1 and 2, and the earlier judgment directing only respondent No.1 to pay is modified accordingly.

Summary

The applicant, original respondent No.1, filed a review application challenging the Bombay High Court's judgment dated 20.04.2026 in First Appeal No.286 of 2013, which had allowed the claimants' appeal and directed only the applicant to pay Rs.5,00,000 compensation. The underlying claim arose from M.A.C.P. No.31 of 2007, where the Motor Accident Claims Tribunal, Parbhani had dismissed the claim petition under Section 163-A of the Motor Vehicles Act by order dated 26.04.2010. In the first appeal, the High Court allowed the appeal but fixed liability solely on the applicant, even though the vehicle was covered by a package policy. The applicant contended that liability should have been fastened jointly and severally on both respondent Nos.1 and 2, including the New India Assurance Co. Ltd., and that the insurance company had been wrongly exonerated. The claimants and the Insurance Company fairly conceded that the policy was a package policy and that this fact was not brought to the Court's notice when the appeal was decided. The Court accepted the review, holding that the omission to consider the package policy warranted modification of the earlier judgment. The Court allowed the review and substituted clauses (iii), (v), and (vi) of the operative order, directing both respondent Nos.1 and 2 jointly and severally to pay Rs.5,00,000 with 7.5% interest from the date of registration of the claim petition till realization, to be deposited within 12 weeks, after which the claimants may withdraw the amount.

Issues considered

  • Whether the review application is maintainable to modify the judgment dated 20.04.2026 in First Appeal No.286 of 2013, which directed only the applicant/original respondent No.1 to pay compensation despite the policy being a package policy?
  • Whether liability to pay compensation should be fixed jointly and severally on both respondent Nos.1 and 2, including the Insurance Company, when the vehicle was covered by a package policy?
  • Whether the failure to consider the package policy while deciding the first appeal constitutes an error apparent on the face of the record warranting review and modification of the operative order?

Legislation cited

Subjects

  • Motor Accident Compensation
  • Review Application
  • Package Policy
  • Joint and Several Liability
  • Section 163-A Motor Vehicles Act
  • Insurance Company Liability
  • Modification of Judgment
  • Interest
  • Deposit of Compensation

Judgment

2026:BHC-AUG:37764


                                                                            RA-79-2026
                                                   -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                            REVIEW APPLICATION (CIVIL) NO.79 OF 2026
                                        IN FA/286/2013

                       Illiyas Khan Rahmat Khan                   .. Applicant

                             Versus
                 1.    Farzanabee w/o Naimeemoddin

                 2.    Naijimoddin s/o Naimeemoddin

                 3.    Nadimoddin s/o Naieemoddin

                 4.    Samiroddin s/o Naieemoddin

                 5.    Tanviroddin s/o Naimeeoddin,

                 6.    Nasiroddin s/o Fakiroddin
                       Dead and represented by
                       respondent Nos.1 to 5.

                 7.    The New India Assurance Co. Ltd,
                       Through Manager,
                       Parbhani, Dyawan Complex,
                       Parbhani, Tq. And Dist. Parbhani           .. Respondents

                                                   …
                 Mr. P. C. Mayure, Advocate for the applicant.
                 Mr. P. S. Pagrawal, Advocate for respondent Nos.1 to 5.
                 Mr. Mohit R. Deshmukh, Advocate for respondent No.7.
                                                   …


                                                CORAM :      ABHAY S. WAGHWASE, J.
                                                DATE     :   20.08.2026
                                                               RA-79-2026
                                  -2-

ORDER :-

.     Original   respondent   No.1      has   preferred   instant   review

application challenging the judgment and order passed by this Court

dated 20.04.2026 allowing the first appeal and directing respondent

No.1 to pay compensation of Rs.5,00,000/- to the claimants.



2.    Learned Counsel for applicant pointed out that original

claimants had challenged the judgment and award passed by the

learned Member, Motor Accident Claims Tribunal, Parbhani in

M.A.C.P. No.31 of 2007, by which, claim petition under Section 163-A

of the Motor Vehicles Act was dismissed by order dated 26.04.2010.



3.    It is further pointed out that present applicant was respondent

No.1 before the Claims Tribunal. It is pointed out that this Court by

judgment and order dated 20.04.2026 has allowed the appeal, but in

spite of policy, being to be a package policy, only respondent No.1 i.e.

present applicant is directed to pay the compensation to the tune of

Rs.5,00,000/-. In fact, liability ought to have been saddled and fixed

on both respondent Nos.1 and 2, but no responsibility has been fixed

on respondent No.2/ Insurance Company and therefore, review is

sought on such count.
                                                             RA-79-2026
                                     -3-

4.    Learned Counsel for Respondent Nos. 1 to 6/original claimants

as well as learned Counsel for Respondent No. 7/Insurance Company

both fairly concede that the policy was a package policy. This fact was

not brought to the notice of this Court while deciding the appeal.

Therefore, liability has to be fixed on both respondent Nos.1 and 2

jointly and severely. In the light of above discussion, review

application deserves to be allowed. Hence, the following order is

passed :-

                                   ORDER


I.    Review Application is hereby allowed.


II.   The judgment and order dated 20.04.2026 passed by this Court

in First Appeal No.286 of 2013 is hereby reviewed and modified to

the extent of Clauses (iii), (v) and (vi) of the operative part thereof,

which are hereby substituted by the following Clauses (iii), (v) and

(vi), respectively :-


        “(iii) Both respondent Nos.1 and 2 jointly and severally

        to pay the compensation amount of Rs.5,00,000/-

        (Rupees Five Lakhs Only) to claimants, along with

        interest @ 7.5% per annum from the date of registration

        of claim petition till its realization.
                                                       RA-79-2026
                               -4-


      (v)    Respondent Nos.1 and 2 shall deposit the amount

      before this Court within a period of 12 weeks from the

      date of this order.


      (vi)   On deposit of the amount by respondent Nos.1 and

      2, appellants/claimants are permitted to withdraw the

      same.”



                                     [ABHAY S. WAGHWASE, J.]



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