Bharathi Axa General Assurance Co. Ltd. Vs Smt. Radha — Karnataka HC (2025) — LawSathi Research

Bharathi Axa General Assurance Co. Ltd. Vs Smt. Radha — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Review Petition disposed of with direction to the second respondent – Insurance Company to pay and deposit the entire compensation amount including the enhanced compensation amount with 6% interest within a period of two months from the receipt of the certified copy of this judgment; Registry directed to draw a modified award accordingly; pending interlocutory applications disposed of and interim order, if any, discharged.

Issue for consideration

Whether the Review Petition seeking rectification of the error in page No.6 at paragraph No.3 of the operative portion of the judgment dated 01.03.2024 in MFA No.5258/2016 should be disposed of by directing the second respondent – Insurance Company to pay and deposit the entire compensation amount including the enhanced compensation amount with 6% interest within two months.

Court's answer

On perusing the judgment, this Court found that an error had crept in as stated by the respective counsel.

Ratio / Principle

This Court deemed it proper to dispose of the Review Petition directing the second respondent – Insurance Company to pay and deposit the entire compensation amount including the enhanced compensation amount with 6% interest within a period of two months from the receipt of the certified copy of this judgment.

Key takeaways

The Registry concerned was directed to draw a modified award accordingly.ratio¶28
Consequent upon disposal of the Review Petition, all pending interlocutory applications, if any, were disposed of and any interim order granted by this Court stands discharged.ratio¶29

Detailed headnote1 paragraphs

High Court of Karnataka (Jyoti Mulimani, J.), 03.04.2025 — Review Petition No. 535 of 2024, filed under Section 47 Rule 1 read with Section 114 of the Code of Civil Procedure, 1908 by Bharathi AXA General Insurance Co. Ltd. seeking review of the judgment dated 01.03.2024 in MFA No. 5258/2016. Counsel for the respective parties jointly submitted that a slight error had crept in at page No. 6, paragraph No. 3 of the operative portion of that judgment, and sought its rectification by ordering the second respondent – Insurance Company to pay and deposit the entire compensation amount including the enhanced compensation amount with 6% interest within two months from receipt of the certified copy. Perusing the judgment and accepting the joint submission, the Court disposed of the Review Petition on those terms, directed the Registry to draw a modified award accordingly, and consequentially disposed of all pending interlocutory applications while discharging any interim order granted.

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NC: 2025:KHC:14272 RP No. 535 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF APRIL, 2025 BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI

REVIEW PETITION NO. 535 OF 2024

BETWEEN:

BHARATHI AXA GENERAL INSURANCE CO. LTD., NO.32951/A D 29/1, 1^ST FLOOR, TEMPLE ROAD, KALIDASA CIRCLE, V.V. MOHALLA, MYSORE-570 002, BY ITS MANAGER.

… PETITIONER

(BY SRI. ANUP SEETHARAM RAO, ADVOCATE)

AND:

SMT. RADHA, AGED ABOUT 36 YEARS, W/O MR. SWAMYGOWDA, RESIDING AT ILLENAHALLI VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434.

Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA

UMESH K.S., MAJOR IN AGE S/O SRI. SWAMYGOWDA, RESIDENT OF KADABA VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434.

… RESPONDENTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE FOR R1; SRI. VASANTHAPPA, ADVOCATE FOR R2)

THIS REVIEW PETITION IS FILED UNDER SECTION 47 RULE 1 READ WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908.

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NC: 2025:KHC:14272 RP No. 535 of 2024

THIS REVIEW PETITION IS LISTED FOR FURTHER ORDERS, SITTING AT DHARWAD BENCH, THROUGH VIDEO CONFERENCING, THIS DAY AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Anup Seetharam Rao., counsel for the petitioner, Sri.Gurudev Prasad K.T., counsel for respondent No.1 and Sri.Vasanthappa., counsel for respondent No.2 appeared through video conferencing.

The captioned Review Petition is filed seeking to call for records pertaining to MFA. No.5258/2016 and to review the judgment dated 01.03.2024.

Counsel appearing for the respective parties jointly submits that there is slight error that has crept in page No.6 at paragraph No.3 of the operative portion of the judgment passed by this Court on 01.03.2024. They would jointly submits that the same may be rectified by ordering the second respondent – Insurance Company to pay and deposit the entire compensation amount including the enhanced compensation amount with 6% interest within a period of two months from the receipt of the certified copy of this judgment.

The joint submission made by counsel for the respective parties is placed on record.

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NC: 2025:KHC:14272 RP No. 535 of 2024

Perused the judgment with care. An error has crept in as stated by the respective counsel. Hence, this Court deems it proper to dispose of the Review Petition directing the second respondent – Insurance Company to pay and deposit the entire compensation amount including the enhanced compensation amount with 6% interest within a period of two months from the receipt of the certified copy of this judgment.

Resultantly, the Review Petition is disposed of.

The Registry concerned is hereby directed to draw a modified award accordingly.

Because of the disposal of the Review Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged.

Sd/(JYOTI MULIMANI) JUDGE

RH LIST NO.: 19 SL NO.: 1