Page No.1 of 3 IN MCC-1116-2025 2025:CGHC:55646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1116 of 2025 The Branch Manager Iffco Tokio General Insurance Company Ltd. Branch Office M.M. Silver Plaza Second Floor In Front Of Udyog Bhawan Ring Road No. 1, Raipur, District Raipur (C.G.) (Insurer) ... Applicant Versus 1 - Kailash Kumar Prajapati @ Kailash Kumhar S/o Shri Ramdular Kumhar Aged About 18 Years R/o Village Aara, Police Station Rajpur, Tahsil Rajpur, District Balrampur Ramanujganj (C.G.) (Claimant) 2 - Rajesh @ Bhondu Bargah S/o Nawal Sai Aged About 20 Years R/o Village Aara (Near Nawapara Chowk), P.S. Bariyon, Tahsil Rajpur, District Balrampur Ramanujganj (C.G.) (Driver) 3 - Sohar Sai S/o Late Ghuran Gond Aged About 62 Years R/o Village Aara (Near Nawapara Chowk) P.S. Bariyon, Tahsil Rajpur, Disrict Balrampur Ramanujganj (C.G.) (Owner) ... Non-applicants [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Applicant : Mr. PR Patankar, Advocate For Respondent No.1 : Mr. AN Pandey, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 14.11.2025 1. This MCC has been filed seeking modification/correction in the order dated 15.10.2025, passed in MAC-518-2022, whereby though this Court enhanced the amount of compensation awarded to the claimant by the learned Claims Tribunal with an additional amount SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MCC-1116-2025 of Rs.6,14,767/-, but due to inadvertence and typographical error, the direction with regard to pay and recovery has not been mentioned/typed in the said order. 2. Learned counsel for the parties jointly submits that though on 15.10.2025, while finally deciding MAC-518-2022, in light of the decisions of Shivaraj v. Rajendra and Another1 and Shamanna and another v. Divisional Manager, Oriental Insurance Company Limited and others 2 , direction with regard to pay and recover has been made, but it could not been typed/mentioned in the said order dt. 15.10.2025. Thus, modification to that extent is prayed for in the order dt. 15.10.2025, passed in MAC-518-2022. 3. I have heard learned counsel appearing for the parties and gone through the MCC and the annexed documents. 4. In the case at hand, since the claimant was sitting as gratuitous passenger in the offending vehicle at the time of accident and, the learned Claims Tribunal has fastened the liability to pay the compensation to the claimant on the owner and driver of the offending vehicle and, in light of the decisions of Shivaraj (supra) and Shamanna (supra), though direction with regard to pay and recover was made, but due to inadvertence and typographical error, the same could not be mentioned/typed in the said order dt. 15.10.2025, therefore, it would be appropriate to direct the 1 (2018) 10 SCC 432 2 (2018) 9 SCC 650 Page No.3 of 3 IN MCC-1116-2025 Insurance Company to firstly pay the entire amount of compensation along with interest to the claimant within 45 days from the date of receipt of copy of this order and, thereafter, recover it from the owner and driver of the offending vehicle. It is ordered accordingly. 5. With aforesaid direction and modification with regard to the order of pay and recover in order dated 15.10.2025, passed in MAC- 518-2022, this MCC stands finally disposed of. No cost. Sd/- (Sanjay K. Agrawal) Judge s@if