CA 2477/26 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 2477 OF 2026 IN FA/558/2020 ASHABEE ALLAUDDIN SHAIKH AND ORS VERSUS NEMICHAND RAMBHAU WARPE AND ORS ... Advocate for Applicant : Mr. S.S. Manale Advocate for Respondents 1 & 2 : Mr. M.U. Shelke Advocate for Respondent 4 : Mr. Fayaz K. Patel Advocate for Respondent 5 : Mr. S.S. Rathi ... WITH CIVIL APPLICATION NO. 2475 OF 2026 IN FA/560/2020 WITH CIVIL APPLICATION NO. 2476 OF 2026 IN FA/559/2020 … CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 24, 2026 PER COURT :- 1. By these applications bearing Nos. 2477, 2476 and 2475 of 2026, the applicants seek modification of the orders dated 9.1.2026 passed by this Court in FA Nos. 558, 559 and 560 of 2020, respectively. In Civil Application Nos. 2475 and 2476 of 2026, the applicants also pray that the applicants may be substituted as legal heirs of deceased original appellant No. 4 in FA No. 560/20 and deceased original appellant No. 7 in FA No. 559/2020. 2. Heard the learned counsel for the respective parties. 3. Mr. S.S. Manale, learned counsel for the applicants submits that this court while allowing the appeals had granted interest at the rate of 9% p.a. from the date of filing of the above appeals till the date of realisation of entire amount. He submits that infact, this Court needs to enhance the 2026:BHC-AUG:38576 CA 2477/26 & Ors. 2 amount pursuant to the claim petitions filed before the Motor Accident Claims Tribunal which back to the original award. 4. Mr. S.S. Rathi, learned counsel for Insurance company submits that even the order passed by this Court, enhancing interest at the rate of 9% p.a. is also exorbitant and even without there being any application for review, the present applications cannot be entertained. He further submits that as per the modified award by this Court the amount is already deposited in this Court and therefore, by such applications, the appellants cannot be permitted to modify the order passed by this Court. 5. After going through the arguments advanced by both the parties, I find that while passing order, this Court needs to consider the prayer for granting interest from the date of application because ultimately, if the amount is enhanced that goes back to the original award and therefore, the interest from the date of claim petition needs to be granted. Therefore, in my view, the orders dated 9.1.2026 passed by this Court in aforesaid appeals needs to be modified to that extent. Therefore, in clause (II) of the operative part, instead of ‘interest at the rate of 9% per annum from the date of filing of present appeal’, it should be read as ‘interest at the rate of 9% per annum from the date of filing claim petitions before the tribunal.’ 6. The claimants are permitted to withdraw the amount, if any, deposited in this Court along with accrued interest thereon as per the modified award. 7. In CA 2475/2026, for the averments made in the application, the applicants be permitted to be substituted as legal heirs of deceased appellant No. 4. 8. In CA No. 2476/2026, for the averments made in the application, the CA 2477/26 & Ors. 3 applicants be permitted to be substituted as legal heirs of deceased appellant No. 7. 9. All the applications are disposed of accordingly. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/