IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA R.P.No.53/2017 IN M.F.A.No.6950/2014 BETWEEN :
M/s NEW INDIA ASSURANCE CO. LTD., "VIJAYASHREE", OPP. NANJUNDESHWARA PETROL BUNK, NEAR UNION PARK, DAVANAGERE ROAD, CHITRADURGA-577 501, REP. BY ITS REGIONAL OFFICE, "MAHALAKSHMI CHAMBERS", NO.9, 2ND FLOOR, M.G. ROAD, BANGALORE-560 001, REP. BY ITS MANAGER. ...PETITIONER (BY SRI A.RAVISHANKAR, ADV.) AND :
1. SMT.CHIKKAMMA W/O LATE SIRIGONDAPPA, AGED ABOUT 45 YEARS, R/O YALAGATTE GOLLARAHATTY VILLAGE, CHALLAKERE TALUK, CHITRADURGA-577 222.
2. M/s ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., D.B. PAISA, 3RD FLOOR, 47, WHITE ROAD, CHENNAI-600 014, TAMIL NADU, REP. BY ITS DIVISIONAL MANAGER.
3. SRI MAHESH B.S., S/O SRI BOMMALINGAPPA, MAJOR, OWNER OF CAR NO.KA-02-AA-122, NO.199/3, 1ST CROSS, 2ND KIRLOSKAR MATT, NEAR SHANKAR MUTT, BANGALORE-560 079.
4. SRI SHIVAKUMARASWAMY S/O CHANDRAPPAIAH, MAJOR, AGRICULTURIST, OWNER OF MOTOR CYCLE NO.KA-02-EV-8720, R/O SURANAHALLY, CHALLAKERE TALUK, CHITRADURGA-577 222. …RESPONDENTS (BY SRI N.SPOORTHY HEGDE, ADV. FOR R-1; SRI P.B.RAJU, ADV. FOR R-2;
R-3 IS D/W VIDE COURT ORDER DATED 14.03.2019; R-4 IS SERVED AND UNREPRESENTED.) THIS REVIEW PEITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 26.09.2016 PASSED IN MFA NO.6950/2014(MV), ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BENGALURU.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the parties.
2. This review petition is filed by the insurance company seeking for the review of the order of this Court dated 26.09.2016 passed in MFA No.6950/2014 on the ground that the appeal filed by the insurance company in MFA No.5691/2015 was inadvertently not brought to the notice of this Court while deciding M.F.A.No.6950/2014 on 26.09.2016.
3. The learned counsel for the claimant - respondent No.1 does not dispute the same and further fairly and rightly submitted that the order dated 26.09.2016 passed by this Court in M.F.A.No.6950/2014 can be recalled and the said MFA may be clubbed with the MFA No.5691/2015 filed by the insurance company. The said submission is placed on record.
4. Accordingly, the review petition is allowed to avoid incongruous judgments, keeping in mind the judicial discipline to be followed by the Courts. The order dated 26.09.2016 passed in MFA No.6950/2014 is recalled and the matter is restored to the file.
MFA No.6950/2014 shall be listed along with MFA No.5691/2015 before the appropriate Bench having roster.
Sd/- JUDGE PMR