IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE S.R. KRISHNA KUMAR REVIEW PETITION NO.536 OF 2019 BETWEEN:
CHIKKANNA S/O LATE THIMMAIAH AGED 75 YEARS R/AT BUGUDANAHALLY – 572 103 BELLAVI HOBLI TUMAKURU TALUK AND DISTRICT. (BY SRI.PATEL D.KAREGOWDA, ADV.) …PETITIONER AND:
1. SHIVASHANKAR S/O SHIDDARAMAIAH 37 YEARS BANGIHANUMANTHAIAHNA PALYA – 572 104 DIBBUR POST KASABA HOBLI TUMAKURU TALUK AND DISTRICT.
2. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., NO.2262. 7TH B MAIN, 3RD STAGE, NEAR YELAHANKA NEW TOWN BUS STAND BENGALURU-560 106 BY ITS MANAGER.
(BY SRI.E.I.SANMATHI, ADV. FOR R-2) … RESPONDENTS THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF THE CPC, PRAYING TO REVIEW THE JUDGMENT PASSED BY THIS HON’BLE COURT IN MFA 8246/2017, DATED: 28.03.2019 IN THE INTEREST OF JUSTICE AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri. E.I. Sanmathi, learned counsel takes notice for respondent No.2. Since notice to respondent No.1 was dispensed with in the main appeal, notice on the review petition is also dispensed with.
2. This review petition arises out of the main order dated 28.03.2019 passed by this Court in MFA No.8246/2017 partly allowing the appeal filed by the claimant, thereby modifying the judgment and award passed by the Tribunal and enhancing the compensation from Rs.12,000/- to Rs.38,500/- in favour of the appellant.
3. Though the matter is listed under the caption ‘Orders’, with the consent of learned counsel for both the parties, matter is taken up for final disposal.
4. Learned counsel for the petitioner submits that an error apparent on the face of record was committed by this Court while disposing of the appeal inasmuch as this Court has failed to notice that the medical bills for a sum of Rs.88,798/- produced by the claimant as Ex.P.11, should have been awarded in favour of the appellant while passing the impugned order. It is also contended that having regard to the fact that the said amount is a substantial sum insofar as claimant is concerned, the claimant would be put to irreparable loss and injury, if the impugned order is not reviewed. Hence, the appellant is entitled to an additional sum of Rs.88,798/-, which has been lost sight by this Court while passing the order.
5. Per contra, learned counsel appearing for the respondent does not dispute the fact that the appellant- claimant had indeed produced medical bills at Ex.P.11, which would indicate that the appellant has spent a sum of Rs.88,798/- towards medical expenses.
6. I have given my anxious consideration to the rival submissions and perused the material on record.
7. A perusal of the unimpeached, unchallenged and uncontroverted medical bills produced by the appellant before the Tribunal, which are marked at Ex.P.11 is a grave and serious error, would indicate that the appellant had incurred medical expenditure in a sum of Rs.88,798/- and the same was evidenced by the aforesaid medical bills. The judgment and award passed by the Tribunal would also indicate that the Tribunal has failed to consider and appreciate this unimpeached and unrebutted evidence on record and had not awarded any compensation in favour of the appellant under the said head.
8. Similarly, this Court while disposing of the appeal, whereby the impugned order enhancing the compensation under other heads, did not award any compensation insofar as medical bills are concerned, by taking into consideration the said unimpeached evidence by way of medical bills produced as Ex.P.11 before the Tribunal, the non-consideration of the unimpeached medical bills at Ex.P.11 by this Court, is clearly an error apparent on the face of the records, which warrants interference by this Court in this review petition.
9. Accordingly, I am of the view that the impugned order dated 28.03.2019 passed by this Court in MFA No.8246/2017 requires to be reviewed to a limited extent of awarding enhanced compensation in favour of the appellant to a sum of Rs.88,798/- as evidenced by the medical bills at Ex.P.11.
Accordingly, I pass the following:
ORDER i. The Review Petition is partly allowed.
ii. The impugned order dated 09.08.2017 passed by the MACT-XI, Tumakuru in MVC No.76/2015 is hereby set aside in part.
iii. The impugned order dated 28.03.2019 passed by this Court in MFA No.8246/2017 is modified awarding an additional compensation of Rs.88,798/- in favour of the appellant together with interest at 6% per annum from the date of the claim petition till realization.
Sd/- JUDGE MBM