Jyoti Ashok Thorat And ORS v. New India Insurance Co. Thr Its Divisional Manager, Aurangabad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12618 OF 2023 IN FIRST APPEAL NO.2333 OF 2018 JYOTI ASHOK THORAT AND ORS.

VERSUS

NEW INDIA INSURANCE CO. THR. ITS DIVISIONAL MANAGER, AURANGABAD ...

Advocate for Applicant : Mr. D. B. Pawar Advocate for Respondent: Mr. M. M. Ambhore ...

CORAM

: S. G. CHAPALGAONKAR, J.

DATE :17.10.2023 PER COURT :

1.

By this application, the applicants seek modification of the judgment dated 17/07/2023, passed by this Court, in First Appeal No.2333/2018. For that purpose, following prayers are employed: "(B) The judgment delivered on 17/07/2023 by this Hon' ble Court in First Appeal No.2333/2018 may please the modified and the submissions put forth by the applicants along with cited judgment may please be recorded in the judgments. (C) The judgments delivered on 17/07/2023 by this Hon' ble Court may please be recall and First Appeal No.2333/2018 may please be heard a fresh."

2.

Mr. Pawar, learned Advocate appearing for the applicants submits that, during the course of argument of first appeal, he had submitted written notes of arguments accompanied with the

citations. However, such citations are not referred in the judgment delivered by this Court. Therefore, he seeks modification or recalling of the judgment.

3.

Per contra, Mr. Ambhore, learned Advocate appearing for the respondent - insurance company submits that, this Court has referred the latest judgments of this Court as well as the Supreme Court while deciding the first appeal, wherein, the judgments relied by the respondent are also considered. Therefore, he submits that, there is no ground for review, recall or modification of the judgment.

4.

The perusal of the record shows that, the written notes of arguments were tendered on behalf of the respondent / claimant. The judgments in the case of A.P.S.R.T.C. & Anr. Vs .K. Hemalatha & Ors.

1, Raj Rani and Others Vs. Oriental Insurance Company Limited and Others 2, T. O. Anthony Vs. Karvarnan3 and National Insurance Company Vs. Chamundeswari 4 were submitted.

5.

This Court while considering the issue referred to the judgments of the Supreme Court in the matter of Oriental Insurance Company Ltd. Vs. Premlata Shukla and Others 5, Surender Kumar Arora Vs.

Manoj Bisla 6, Minu B. Mehta Vs. Balkrishna Ramchandra Nayan7 and Lachooram Vs. Himachal Road Transport Corporation8. Therefore, non-reference to the judgments tendered by the 2008 (8) SCR 1201 2009 CJ (SC) 1195 2008 CJ (SC) 1801 ACJ 2021 2558 2007 AIR SCW 3591 2012 (4) SCC 552 1997 ACJ 118 2014 AIR SCW 1081

respondent does not cause any prejudice. All the points argued are given due consideration.

6.

Even otherwise, no error apparent on the face of record or any other ground for review or recall of the judgment is demonstrated. In that view of the matter, there is no merit in the civil application. Hence, the application stands dismissed.

[S. G. CHAPALGAONKAR] JUDGE Sameer