IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 PRESENT THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REVIEW PETITION NO.800/2015 IN MFA NO.6162/2010 (MV) C/W MFA NO.3614/2010 (MV) IN RP NO.800/2015 BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD KOLLAPURADAMMA TEMPLE STREET, CHIKMAGALUR TALUK & DISTRICT, REPRESENTED BY REGIONAL OFFICE, P. KALINGA RAO ROAD, BANGALORE – 560027 BY ITS DULY SONSTITUTED ATTORNEY SRI. C.K.SURYAPRAKASH.
...PETITIONER (BY SRI.C.R.RAVISHANKAR, ADVOCATE) AND:
1. SRI.ASEEM@ASEEF AGED ABOUT 27 YEARS S/O SRI. KUNJU MONU, ALLEGEDLY MENTALLY RETARDED/ UNSOUND/REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN, SMT. NABEESA, AGED 52 YEARS, W/O SRI.KUNJU MONU, R/O BEHIND CMC OFFICE, BOMMANAHALLI, BANGALORE – 560076 2. SRI AJJEGOWDA AGED MAJOR S/O SRI NAGEGOWDA ARGICULTURIST & RC OWNER OF TRACTOR & TRAILER NO.KA-18-1461-1462 R/O CHIKKANAHALLI, KARTHIKERE CHIKMAGALUR DISTRICT – 577 101. SINCE DECEASED REP. BY HIS LRS.
(a). SMT. LAKKAMMA, AGED MAJOR, W/O AJJEGOWDA 2.(b). SRI. NAGEGOWDA, AGED ABOUT 60 YEARS, S/O LATE AJJEGOWDA 2.(c). SRI.LAKKEGOWDA, AGED ABOUT 55 YEARS, 2.(d). SRI.NINGEGOWDA, SINCE DEAD BY HIS LRs 1. SMT. INDIRA, AGED 48 YEARS 2. SRI. SRIKANTH, AGED 26 YEARS 3. SMT. YASHODA, AGED 24 YEARS 2.(e). SRI. HULIGOWDA, AGED 40 YEARS ALL ARE RESIDING AT CHIKKANAHALLI VILLAGE, KARTHIKERE, CHIKAMAGALUR DISTRICT.
(AMENDED V/C/O DTD: 10.04.2018) …RESPONDENTS (BY SRI.SATISH.R.GIRJI, ADVOCATE FOR R1;
R2(b), R2(d)(1), (d)(2), R2(e) ARE SERVED BUT UNREPRESENTED;
NOTICE TO R2(a),R2(c) & R2(d)(3) IS HELD SUFFICIENT V/O DATED.08.02.2018) THIS RP IS FILED UNDER ORDER 47 RULE 1 OF CPC R/W SECTION 114 OF CODE OF CIVIL PROCEDURE, PRAYING TO REVIEW THE ORDER DATED:18/07/2013 PASSED IN MFA NO.6162/2010(MV), ON THE FILE OF THE HON’BLE HIGH COURT OF KARNATAKA, BANGALORE.
IN MFA NO.3614/2010 BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, CHIKMAGALUR, THROUGH REGIONAL OFFICE, P.KALINGA RAO ROAD, BANGALORE-27.
BY DULY CONSTITUTED ATTORNEY.
…APPELLANT (BY SRI.K.SURYANARAYAN RAO, ADVOCATE) AND:
1. ASEEM @ ASEEF S/O KUNJU MONU AGED ABOUT 22 YEARS, MENTALLY RETARED/UNSOUND REPRESENTED BY MOTHER SMT. NABEESA, W/O KUNJU MONU AGED ABOUT 47 YEARS, RESIDING BEHIND C.M.C OFFICE BOMMANAHALLI, BANGALORE.
2. AJJEGOWDA, S/O NAGE GOWDA, MAJOR IN AGE, R/O CHIKKANAHALLI, KARTHIKERE, CHIKMAGALUR.
(BY SRI.SATISH.R.GIRJI, ADVOCATE FOR R1; R2 SERVED & UNREPRESENTED) …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.12.2009 PASSED IN MVC NO.8369/2008 ON THE FILE OF X ADDITIONAL JUDGE, MEMBER, MACT, BANGALORE, AWARDING A COMPENSATION OF RS.3,10,200/- WITH INTEREST A 6% P.A. FROM THE DATE OF PETITION TILL REALISATION.
REVIEW PETITION & MFA COMING ON FOR ORDERS THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioner. No grounds. Review petition is dismissed.
In view of dismissal of the review petition, the appeal filed by the Insurance Company in MFA.No.3614/2010 does not survive for consideration and the same stands dismissed.
Sd/- JUDGE Sd/- JUDGE CA