Allowed

Sri. T. Hariprasad @ Hari v. Sri. Jayaram. K.H.

Karnataka HC27 Jul 2022RP/453/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a review petition in an insurance matter. The court directed the insurance company to deposit an additional amount of Rs.3,75,037/- which was inadvertently received by the hospital but excluded from the initial compensation calculation, raising the total to Rs.8,96,957/-.

What did the court decide?

The claimant is entitled to total compensation of Rs.8,96,957/-. The insurance company is directed to deposit the amount within two months.

Sri. T. Hariprasad @ Hari Vs Sri. Jayaram. K.H. — Banking and Recovery | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JULY, 2022

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PRESENT

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THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR AND

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THE HON’BLE MRS.JUSTICE M.G.UMA

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REVIEW PETITION No.453/2022 IN

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M.F.A.No.10161/2018 (MV-I)

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BETWEEN:

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SRI T HARIPRASAD @ HARI S/O T DAMU AGED ABOUT 30 YEARS R/O SULIKERE, KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU.

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PERMANENT ADDRESS: SRI T HARIPRASAD @ HARI S/O T DAMU NARASARAJU AGRAHARAM VILLAGE RAJAGOPALAPURAM CHITTOR ANDRA PRADESH-517 588.

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… PETITIONER

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(BY SRI JAYADEVAPPA N.D., ADV.)

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AND:

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SRI JAYARAM K.H. S/O LATE HUCHANNA SCHOOL FIELD ROAD

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2 -

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KYATHASANDRA TUMKUR-572101.

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THE LEGAL MANAGER NATIONAL INSURANCE CO. LTD., OPP: GOVERNMENT GENERAL HOSPITAL GANDHINAGAR, B.H. ROAD TUMKUR-572 101.

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… RESPONDENTS

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(BY SRI K SRIDHAR, ADV. FOR R2 NOTICE TO R1 D/W V/O DATED 27.07.2022)

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+++++

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THIS PETITION FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING THIS COURT AFTER CALLING FOR RECORDS BE PLEASED TO REVIEW THE JUDGMENT DATED 02.03.2022 PASSED BY THIS COURT IN MFA NO.10161/2018 AND GRANT SUCH OTHER RELIEF/S AS THIS COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY P.S.DINESH KUMAR., J MADE THE FOLLOWING:-

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O R D E R

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This Review Petition is directed against the judgment dated 02.03.2022 in M.F.A.No.10161/2018.

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2. Heard Shri.N.D.Jayadevappa, learned

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Advocate for claimant/appellant and Shri.K.Sridhara, learned Advocate for respondent No.2.

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Learned Advocates on both sides submit

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that a sum of Rs.3,75,037/- was paid by the claimant to Christian Medical College, Vellore. However, it is rightly recorded in paragraph 8 of the Judgment that said amount is received by the Hospital from the claimant inadvertently. However, in the computation column at paragraph 12, the said amount is not included.

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Shri.K.Sridhara for respondent in his usual

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fairness submits that this review petition may be allowed and suitable correction be made.

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Submission of the learned Advocate is placed on record.

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In view of the above, review petition is allowed and the claimant is entitled for total

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4 -

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compensation of Rs.5,21,920/- + Rs.3,75,037/-, in all Rs.8,96,957/-.

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The insurance company shall deposit the amount

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before the Tribunal, if not already deposited, within an outer limit of two months from today.

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Sd/JUDGE

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Sd/JUDGE

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mpk* ct:bms

Sri. T. Hariprasad @ Hari v. Sri. Jayaram. K.H.

Case brief

What is this about?

What did the court decide?

Sri. T. Hariprasad @ Hari v. Sri. Jayaram. K.H.

Case brief

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