IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.54060/2016 (GM-AC) BETWEEN:
SMT. ZAMRUD BEGUM W/O.LATE MOHAMMED SHARIFF R/AT NO.49, 1ST MAIN ROAD 2ND CROSS, VALMIKI NAGAR MYSORE ROAD BANGALORE-560 022. …PETITIONER (BY SRI MOHAMMED TAHIR, ADV.) AND:
1. SHIR MAHESH SAWKER JADHAV R/AT KAPIL TAL KARAD, SATARA DISTRICT SATARA MAHARASTRA-415 110 KODAGU DISTRICT.
2. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD.
HAVING REGISTERED AND HEAD OFFICE AT NO.24 WHITE ROAD CHENNAI-600 014 REPRESENTED BY: REGIONAL OFFICE UNITED INDIA INSURANCE CO.LTD., NO.25 SHAKARA NARAYANA BUILDING (KSFC BUILDING) M.G.ROAD BANGALORE-560 001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED IN ANNEXURE-B i.e., ORDER VIDE DATED 03.03.2016 PASSED IN R.P.NO.25/2015 BY THE HON’BLE XII ADDL. SMALL CAUSES JUDGE, BANGALORE AND UPHOLD THE ORDER AT ANNEXURE-A i.e., VIDE ORDER DATED 17.06.2015 IN MVC NO.316/2014 BY THE HON’BLE XII ADDL. SMALL CAUSES JUDGE, BANGALORE, WHILE CONSIDERING FACT AND CIRCUMSTANCE OF THIS CASE AND ALLOW THIS PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court assailing the order passed in a review petition seeking review of the judgment and award dated 17.06.2015 passed in M.V.C.No.316/2014. In that view of the matter, the petitioner would have to avail the remedy of appeal, as both the judgment and award as also the order passed by the Tribunal would arise for consideration in such appeal.
2. Reserving liberty to the petitioner to avail the remedy of appeal, the instant petition stands disposed of. Registry to return the papers, if any sought for by the learned counsel for the petitioner.
Sd/- JUDGE ST