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 2026:BHC-AUG:37764 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.] scm