The Karnataka High Court, while hearing a review petition challenging an enhancement of compensation in a motor accident case, found no illegality in the impugned judgment. The petition was dismissed, and pending applications were disposed of.
Review petition dismissed. Pending applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- 1 - NC: 2023:KHC-K:7034 RP No. 200054 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
REVIEW PETITION NO. 200054 OF 2023
BETWEEN:
THE DIVISIONAL MANAGER, RELIANCE INSURANCE COMPANY LTD., ASIAN PLAZA, SARDAR VALLABHAI PATEL CIRCLE, KALABURAGI-585103.
…PETITIONER (BY SRI RAHUL R. ASTURE, ADVOCATE)
AND:
ROHAN HADIMANI T
Digitally signed by ROHAN HADIMANI T Date: 2023.09.12 14:58:07 +0530
…RESPONDENTS
THIS REVIEW PETITION FILED UNDER ORDER 47 RULE 1 R/W SEC 114 OF THE CODE OF CIVIL PROCEDURE, PRAYING THE REVIEW OF THE JUDGMENT DATED 12.04.2023 PASSED BY THIS HON’BLE COURT IN M.F.A.NO.200089/2017 AND CONSEQUENTLY BE PLEASED TO DISMISS THE MFA.NO.200089/2017 AS PER ANNEXURE-E IN THE ENDS OF JUSTICE AND EQUITY.
NC: 2023:KHC-K:7034 RP No. 200054 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard on I.A.No.1/2023 filed under Section 5 of the Limitation Act and another I.A.No.2/2023 filed for stay and also on merits of the review petition filed under Order 47
Rule 1 read with Section 114 of the Civil Procedure Code.
petitioner being aggrieved by the order dated 12.04.2023 passed in MFA.No.200089/2017 only with regard to this
Court awarded the compensation of Rs.2,76,600/- as against Rs.1,03,380/- awarded by the Tribunal. This Court by virtue of order dated 31.01.2018 has dismissed the appeal in MFA.No.200089/2017 as devoid of merits. Further, the review petition by the respondent No.2 same was allowed and appeal was restored to file for fresh consideration. This Court by virtue of order dated 12.04.2023 partly allowed the appeal without considering the previous order passed by this Court in
MFA.No.200089/2017 on 31.01.2018. Hence, he has preferred this review petition.
passed the Judgment and Award by enhancing
compensation of Rs.2,76,600/- as against Rs.1,03,380/awarded by the Tribunal. The petitioner has not challenged the order passed in Review Petition No.200022/2018 dated 28.10.2022.
before this Court, I do not find any illegality / infirmity in the impugned Judgment and Award passed by this Court dated 12.04.2023 in MFA.No.200089/2017 (MV-I). Hence,
I proceed to pass the following :
ORDER
pending applications, if any, do not survive for consideration, accordingly same are also disposed off.
Sd/JUDGE
Ckk LIST NO.: 19 SL NO.: 4
1 issue framed by the court
Whether the review petition disclosing no illegality or infirmity in the impugned judgment dated 12.04.2023 merits allowance?
1 provisions across 1 enactments
THE DIVISIONAL MANAGER, RELIANCE INSURANCE COMPANY LTD.
NAGRAJ
SMT. DUNDAMMA
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
