IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL REVIEW PETITION No.221/2018 BETWEEN:
1. Smt. Thilagavathi W/o late Jayaram Aged about 53 years 2. J.Sathish S/o late Jayaram Aged about 35 years 3. J.Kavitha D/o late Jayaram Aged about 33 years 4. J.Balakrishna S/o late Jayaram Aged about 31 years 5. J.Sukumar W/o late Jayaram Aged about 26 years All are R/at No.59/3 G.K. Layout, 14th Cross Parappana Agrahara Post Singasandra Post Bengaluru-560 068.
(By Sri B.V.Malla Reddy, Advocate) …Petitioners AND:
1. Kimitilal Ghai S/o Chunni Lal Ghai Aged about 58 years R/at No.C-174, Ramaprastha Colony, Ghaziabad, Ghasizbad District Uttara Pradesh-201 001.
2. The New India Insurance Company Ltd., No.2-B, Unity Building Annex P.Kalinga Rao Road Bengaluru-560 027 Represented by its Deputy General Manager, …Respondents (By Sri A.N.Krishnaswamy, Advocate for R2 (Absent);
Vide Court order dated 14.02.2019 R1 notice dispensed with ) This Review Petition is filed under Order 47 Rule 1 r/w under Section 114 of the CPC praying to Review/modify the judgment and award dated 26.04.2018 passed by this Hon’ble Court in MFA No.5700/2016 (MV) by awarding another sum of Rs.1,71,220/- towards medical expenses with interest to the petitioners and etc.
This Review Petition coming on for Orders this day, the Court made the following:-
O R D E R This review petition has been filed by the petitioners/applicants praying this Court to allow the petition and to modify the judgment and award dated 26.4.2018 passed by this Court in MFA No.5700/2016 (MV) by awarding another sum of Rs.1,71,220/- towards medical expenses.
2. I have heard the learned counsel appearing for the petitioners. The learned counsel for the respondent remained absent.
3. It is the submission of the learned counsel for the petitioners that the petitioners have filed MFA 5700/2016 and the insurer has filed MFA 8446/2015 challenging the judgment and award passed by XXIII Additional Small Cause Judge, Court of Small Causes, Bengaluru, in MVC No.7413/2010 dated 6.8.2015. After hearing, this Court allowed MFA No.8446/2015 in-part and dismissed MFA 5700/2016 filed by the claimants. Though it is contended that an amount of Rs.1,71,220/- has not been considered by the Tribunal the same is not considered by this Court. It is his further submission that the Tribunal has committed an error by not considering the entire medical bills amounting to Rs.3,67,826/- and this Court also due to oversight the same aspect has not been considered. On the contrary the contention taken up by the insurer to the effect that Rs.1,96,606/- spent towards medical expenses has been reimbursed has not accepted but while passing the judgment the remaining amount was not considered and awarded. On these grounds, he prayed to allow the review petition and prayed to award the medical expenses of Rs.1,71,220/-.
4. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the petitioners and perused the records.
5. It is not in dispute that the judgment and award passed in MVC No.7413/2010 was challenged before this Court both by insurer and claimant before this Court and MFA No.8446/2015 was partly allowed and MFA No.5700/2016 was dismissed.
6. On careful and thorough verification of the records an amount of Rs.3,67,826/- has been spent towards the medical expenses, but the Tribunal has awarded only Rs.1,96,606/- and the same was challenged by the insurer holding that the said amount has been reimbursed under Kalaignar Insurance Scheme but the insurer has also not denied the fact of spending Rs.3,67,826/-. Even the medical records produced along with the prescriptions substantiate the said aspect. Though during the course of argument the said point was urged, due to oversight the same was not properly answered and thereby the amount has not been awarded. There appears to be mistake apparent on the face of the record and in that light the review petitioners have made out a case to allow the petition. Even when the review petition was filed the insurer has also not seriously challenged.
7. Under the said facts and circumstances the review petition is allowed and it is hereby ordered that MFA No.5700/2016 filed by the claimants is partly allowed modifying the judgment dated 26.4.2018 passed by this Court and the claimants/appellants therein have been awarded an amount of Rs.1,71,220/- which has not been awarded by the trial Court towards the medical expenses with interest.
Sd/- JUDGE *AP/-