Dismissed

The Divisional Manager v. Smt. Suvarna W/O Mallappa Akki

Karnataka HC2 Aug 2023RP/100037/2022

Case brief

AI extract

What is this about?

The High Court at Dharwad Bench dismissed a review petition filed by New India Assurance Company Ltd. The petitioner challenged a previous judgment regarding compensation for a deceased government employee. The plea to use the split multiplier method was rejected as contrary to the Supreme Court ruling in National Insurance Co. Ltd. vs. Pranay Sethi.

What the court decided

AI extract

The Divisional Manager Vs Smt. Suvarna W/O Mallappa Akki — Money Laundering | Karnataka HC (2023)

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NC: 2023:KHC-D:8119 RP No. 100037 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF AUGUST, 2023 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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REVIEW PETITION NO.100037/2022

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BETWEEN:

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THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., GADAG, REP.THROUGH ITS DIVISIONAL OFFICE, SREENATH COMPLEX, NEW COTTON MARKET HUBBALLI-580020, REP. THROUGH ITS REGIONAL OFFICE, KALABURGI BHADRAPUR INFINITI, 2ND FLOOR PINTO ROAD, HUBBALLI-580020.

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…PETITIONER

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(BY SRI N.R. KUPPELUR, ADVOCATE)

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Digitally signed by SUJATA SUBHASH PAMMAR

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AND:

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SMT. SUVARNA

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W/O. MALLAPPA AKKI, AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O: AKKI PETH, OLD HUBBALLI, HUBBALLI-580021.

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SHIVARAJ S/O. MALLAPPA AKKI, AGE 35 YEARS, OCC: NIL, R/O: AKKI PETH,

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- 2 - NC: 2023:KHC-D:8119 RP No. 100037 of 2022

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OLD, HUBBALLI, HUBBALLI-580021.

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SIDDALINGESH S/O. MALLAPPA AKKI, AGE: 31 YEARS, OCC: STUDENT, R/O: AKKI PETH, OLD HUBBALLI, HUBBALLI-5800021.

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SMT. IRAVVA W/O. SHIVAPPA AKKI, AGE 97 YEARS, OCC NIL, R/O AKKI PETH, OLD HUBBALLI , HUBBALLI-580021.

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RANGANAGOUDA S/O. SHANKARAGOUDA PATIL, AGE: MAJOR, OCC: BUSINESS, R/O HAVERI -581118.

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…RESPONDENTS

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THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE

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1 R/W SEC.151 OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED 14.09.2021, MADE IN MFA NO.22901/2010 ON THE FILE OF THIS HONBLE COURT, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS REVIEW PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC-D:8119 RP No. 100037 of 2022

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ORDER

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The present review petition is filed seeking review of the judgment dated 14.09.2021 passed by this Hon’ble Court in MFA No.22901/2010 on the ground that the deceased was a government employee and was aged 57 years old. Therefore, the loss of dependency can be assessed by adopting split multiplier method, but that has not been done. Therefore, prays to review the judgment and prays to adopt the split multiplier method for computing compensation.

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This Court has passed judgment in MFA No.22901/2010 by following the judgment of Hon’ble Supreme Court in the case of National Insurance Co. Ltd ., vs. Pranay Sethi¹ thereby negated the contention raised for adopting split multiplier. Therefore, there is no reason found in the review petition for adopting split multiplier method, this Court has correctly held in the

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1 (2017) 16 SCC 680

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4 - NC: 2023:KHC-D:8119 RP No. 100037 of 2022

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judgment. Therefore, the review petition is liable to be

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dismissed. Hence, I proceed to pass the following:

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ORDER

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Hence, the review petition is dismissed.

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SD/JUDGE

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SSP List No.: 2 Sl No.: 42 CT-ASC

The Divisional Manager v. Smt. Suvarna W/O Mallappa Akki

Case brief

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What the court decided

The Divisional Manager v. Smt. Suvarna W/O Mallappa Akki

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