High Court of Karnataka dismissed a review petition filed by two respondents seeking review of an order in Motor Accident Claim Matter No. 4856 of 2015, which had enhanced compensation.
None. The review petition is dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2021
PRESENT
THE HON’BLE MRS.JUSTICE S.SUJATHA
AND
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.P.No.260/2021 IN M.F.A.No.4856/2015 (MV)
BETWEEN :
BOTH ARE R/AT NO.794, B SECTOR, 21ST STAGE, DOUBLE ROAD, YELAHANKA UPANAGARA, BANGALORE-560064 ...PETITIONERS
(BY SRI ASHOK B. PATIL, ADV.)
AND :
BOTH ARE R/AT No.794, 12TH B CROSS, DOUBLE ROAD YELAHANKA UPANAGARA K.H.B. COLONY, BENGALURU - 560 064.
PRESENT ADDRESS
HOUSE No.643, EWS SECOND STAGE 12TH B MAIN ROAD YELAHANKA NEW TOWN BENGALURU - 560 064.
3 . THE MANAGING DIRECTOR K.S.R.T.C. DEPOT, BANGALORE CENTRAL OFFICES, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 …RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED 05.07.2021 PASSED BY THIS HON'BLE COURT IN MFA NO.4856/2015, ALLOWING THE APPEAL IN PART.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, S. SUJATHA, J ., MADE THE FOLLOWING:
O R D E R
This review petition is filed by the respondents 2 and 3 in M.F.A.4856/2015 seeking review of the order dated 05.07.2021 passed by this Court in M.F.A.4856/2015.
counsel appearing for the review petitioners is, Ex.P13
salary certificate of the deceased-Basavaraj who died in the road traffic accident in question, was not brought to the notice of this Court while determining the loss of dependency interalia reiterating the review petition averments.
for the review petitioners and perused the material on record.
this Court has categorically observed that the claimants contended that the deceased was working as a senior officer in Vijaya Karnataka and earning Rs.40,837/besides Rs.10,000/- per month from agricultural activities. Learned counsel would submit that the gross salary reflected in Ex.P13 is Rs.40,837/-. The very same amount has been considered by this Court.
No.16 furnished by the claimants has been extensively considered by this Court in the very same paragraph. It has been observed that in the present appeal proceedings, the claimants have produced copies of Form No.16 to establish the monthly income of the deceased according to which the annual income of the deceased was determined at Rs.2,22,160/-. Having considered these aspects, this Court proceeded to adjudicate upon the dispute relating to enhancement of compensation sought by the claimants.
which was made available, Loss of Dependency has been re-determined and compensation has been awarded following the judgment of the Hon’ble Apex Court in the case of National Insurance Company
Limited .v. Pranay Sethi and Others [(2017) 16 SCC
680] . Accordingly, compensation has been enhanced
from Rs.15,11,000/- to Rs.23,18,341/- with interest at the rate of 6% p.a. from the date of the claim petition till
its realization.
counsel for the review petitioners that one more opportunity be granted to them cannot be accepted as rehearing is not permissible under review jurisdiction.
limited. We do not find any error apparent on the face
of the record to review the order sought for.
stands dismissed.
Sd/JUDGE
Sd/JUDGE
VGH
1 issue framed by the court
Whether to allow a review petition challenging an order allowing an appeal in part and enhancing compensation under the Motor Accidents Claims (Amendment) Rules, 2017.
Colour shows how this judgement treated each authority
National Insurance Company Limited .v. Pranay Sethi and Others [(2017) 16 SCC 680]Referred¶37
National Insurance Company Limited .v. Pranay Sethi and Others [(2017) 16 SCC 680] · Who else cites this
Shrivasharanappa S/o Doddappa and Smt. Honnamma
Shyldja W/o Late Basavaraju
B. Sharadha D/o Late Basavaraju
The Managing Director K.S.R.T.C.
S. Suojatha
E.S. Indires
As recorded by the court registry
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