Shriram General Insurance Co. Ltd., Jaipur (Rajasthan) Through Branch Manager. v. Vidya Umakant Shivshety And ORS.
2025:BHC-AUG:33988
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 13016 OF 2025 IN FIRST APPEAL NO. 2408 OF 2020 Shriram General Insurance Co. Ltd., Jaipur (Rajasthan) Through the Branch Manager.
...Applicant
Versus
Vidya Umakant Shivshety & Ors.
...Respondents
*** Mr. Anand Dale h/f Mr. Basarkar Anil P., Advocate for the Applicant. Mr.Sambhaji S. Wakure (Through V.C.), Advocate for Respondent Nos. 1 to 3.
*** CORAM : ABHAY J. MANTRI, J.
DATE : DECEMBER 05, 2025 PER COURT :
1.
The applicant/appellant has moved this application seeking modification of the order dated 03rd March 2024, passed before the National Lok Adalat, to the extent that the words "along with accrued interest" were inadvertently omitted from the order passed by the Panel of National Lok Adalat. However, it was part of the compromise pursis. Therefore, the appellant seeks modification of the said order. Learned counsel for respondent Nos. 1 to 3/original claimants have given no objection to the same.
2.
In the compromise pursis, the parties have categorically stated that "an amount of 4,08,093/- along with accrued interest, be returned to the ₹
Insurance Company", and that the remaining amount be paid to the claimants along with accrued interest thereon. However, while passing the order, the Panel of the National Lok Adalat, in paragraph No.5, permitted withdrawal of an amount of 4,08,093/- by the appellant - Insurance Company and ₹ allowed the balance amount to be withdrawn along with accrued interest by the claimants. I would like to reproduce paragraph No.5 of the order as follows:
"5.
An amount of Rs. 4,08,093/- (Rs. Four Lakhs Eight Thousand Ninety Three only) shall be paid to the appellant/insurance company. Balance amount deposited by the appellant /insurance company along with accrued interest, if any, shall be paid to the respondents/claimants as per the award."
3.
Having considered the compromise pursis, and the observations in paragraph No.5 of the order, it appears that the words "along with accrued interest' were inadvertently omitted while passing the order. Therefore, I deem it appropriate to modify the said order. 4.
In view of the above, the order passed by the Panel of the National Lok Adalat is hereby modified. It would not cause prejudice to any party.
5.
As such, in the interest of justice, the appellant is permitted to withdraw an amount of 4,08,093/- along with the accrued interest ₹ thereon, and the remaining amount is allowed to be withdrawn by the
claimants along with the accrued interest thereon. To that extent, the order passed by the Panel of the Lok-adalat is modified. 6.
The application is allowed in the above terms. (ABHAY J. MANTRI, J.)