IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA R.P.No.37/2019 IN M.F.A.No.2529/2013 [MV] BETWEEN:
1. N.MOHAMMAD SHERIFF S/O K.HAMEED, AGED ABOUT 55 YEARS R/O MACHAR HOUSE UJIRE VILLAGE, BELTHANGADI TQ., D.K. DISTRICT-574201.
2. SRI MOHAMMED BEARY S/O ISUBU BEYARY AGED ABOUT 72 YEARS R/O MACHAR HOUSE UJIRE VILLAGE, BELTHANGADI TQ., D.K. DISTRICT-574201. ... PETITIONERS [BY SRI KARUNAKAR.P., ADV.] AND:
1. SRI SELVA KUMAR S/O RAJAN, AGED ABOUT 39 YEARS R/O RAJ COMPOUND CHIKKA PUTTUR PUTTUR KASBA VILLAGE PUTTUR TALUK, D.K. DISTRICT-574201.
2. THE MANAGER THE NEW INDIA INSURANCE CO., LIMITED K.S. ROAD, MANGALORE D.K. DISTRICT-574201. …RESPONDENTS (BY SRI ASHOK N. PATIL, ADV. FOR R-2; R-1 – SERVED) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 22.06.2017 PASSED IN M.F.A.No.2529/2013, ON THE FILE OF THE HON’BLE HIGH COURT OF KARNATAKA, BANGALORE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners as well as the respondent No.2. Though the respondent No.1 is duly served, there is no representation.
2. This review petition No.37/2019 is filed by the owner of the offending vehicle – Mahindra Alfa Rickshaw bearing temporary registration No.2737/08- 09 involved in the road traffic accident which occurred on 21.03.2009, the subject matter of M.F.A.No.2529/2013 filed against the judgment and award dated 31.01.2013 in M.V.C.No1239/2009.
I.A-1/2019 is filed for condoning the delay of 570 days in filing the review petition.
3. It is submitted that the petitioners have filed an appeal in M.F.A.No.5539/2013 challenging the judgment and award dated 31.01.2013 passed in M.V.C.No.1239/2009. However, by inadvertence, the same was not brought to the notice of this Court while disposing of the MF.A.No.2529/2013.
4. The petitioners had challenged the order of this Court dated 22.06.2017 passed in M.F.A.No.2529/2013 before the Hon’ble Apex Court in S.L.P. [Civil Dairy] No.37303/2018 which came to be disposed of, with liberty to the petitioners to apply for review before this Court.
5. Learned counsel appearing for the petitioners would submit that the delay of 570 days in filing the petition is not intentional and deliberate and it is only for the reasons aforesaid.
6. Learned counsel for the respondent No.2 – insurance company would submit that the pendency of the M.F.A.No.5539/2013 indeed ought to have been brought to notice of this Court by the learned counsel appearing for the owner of the vehicle. In such circumstances, the application for condoning the delay would be considered subject to fastening the liability to pay interest on the owner of the offending vehicle in the event he succeeds in pending M.F.A as well as the present appeal, if restored to file.
7. Having regard to the submissions made by the learned counsel appearing for the parties as aforesaid, the delay of 570 days caused in filing the review petition being due to the bonafide reasons as explained by the petitioners satisfactorily is condoned. Accordingly, I.A-1/2019 is allowed. Fixing the liability of interest for 570 days on the owner of the vehicle does not merit any consideration in view of the pendency of MFA.No.5539/2013 filed by him.
8. MFA.No.2529/2013 requires to be heard along with the pending MFA.No.5539/2013. Hence, the Review petition is allowed. The order dated 22.06.2017 in MFA.No.2529/2013 is re-called and the appeal is restored to file with its original number.
List the matter along with M.F.A.No.5539/2013.
Sd/- JUDGE NC.