New India Assurance Co. Ltd vs Nilesh Vijaykumar Godha And Ors
2022 Latest Caselaw 11243 Bom

                                             1
                                                                          442.06FA

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                               FIRST APPEAL NO. 442 OF 2006

                     NEW INDIA ASSURANCE CO. ,LTD.,
                                    VERSUS
                NILESH VIJAYKUMAR GODHA AND OTHERS
                                       ...
          Advocate for Appellant : Mr.S.G. Chapalgaonkar
          Advocate for respondent no.1 : Mr. Vinod I. Thole
                                       ...
                                  CORAM : S.G.DIGE, J.

DATE : 21.10.2022

P.C. :

The motion is made for speaking to the minutes

on behalf of the appellant - Insurance Company in respect

of the judgment and order dated 27.09.2022 and

subsequent order dated 06.10.2022.

2. The learned counsel for the appellant submits

that this Court has allowed the claimant/respondent no.1 to

withdraw the amount. However, no directions giving right

in favour of the appellant/Insurance Company to recover

the said amount from owner of the vehicle/respondent no.3

are appearing in the operative part of the order in pursuant

442.06FA

to the finding accepting the defense of Insurance Company

pertaining to breach of policy condition. It is submitted that,

inadvertently the aforesaid clause is missing in the operative

part of the order. It is further submitted that, the amount

mentioned in the operative part of order is Rs.2,75,000/-

which ought to have been Rs.1,21,000/-.

3. I have heard learned counsel for respondent

no.1.

4. Admittedly, there is breach of terms of

Insurance policy, hence the order would be of pay and

recover order, but inadvertently it was not mentioned in the

operative part of the judgment as well as wrongly the

amount of Rs.2,75,000/- is mentioned, it should be

Rs.1,21,000/-.

5. Accordingly, clause no.(ii) in operative part of

the judgment dated 27.09.2022 be read as under :-

442.06FA

"(ii) The respondent nos.2 and 3 shall jointly

and severally pay the compensation of

Rs.1,21,000/- to the claimant (respondent

no.1) as directed by the Tribunal."

Further, the clause ii-a be inserted as under :-

"Since the amount is deposited by insurance

company, the claimant/respondent no.1 would

be entitle to withdraw the said amount along

with accrued interest thereon and the appellant

- insurance company would have right to

recover said amount from respondent no.2

without filing separate proceedings."

6. The motion stands disposed of.

[S.G.DIGE] JUDGE SGA/-