Karnataka High Court
Smt Kavitha vs M/S Ganesh Travels on 18 February, 2022
Bench: H T Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD
REVIEW PETITION No.229/2022
BETWEEN:
1 . SMT KAVITHA
W/O.LATE GANESH
AGED ABOUT 28 YEARS
2 . MANVITH
S/O.LATE GANESH
AGED ABOUT 01 YEARS
MINOR
HENCE REPRESENTED BY
NATURAL GUARDIAN
SMT KAVITHA
3 . SMT MANJULA
D/O LATE JAYARAM
AGED ABOUT 40 YEARS
ALL ARE RESIDING AT BALAGERI
RAMANAGARA TOWN 562159.
...PETITIONERS
(BY SRI. TEJAS N., ADV. (PH))
2
AND
1. M/S GANESH TRAVELS
H.NO.9, PAMPAMAHAKAVI ROAD
SHANKARAPURAM
BASAVANAGUDI
BANGALORE-560004.
2. THE MANAGER
UNITED INDIA INS.CO.LTD.,
6TH FLOOR, KRUSHI BHAVAN,
NRUPATHUNGA ROAD
BANGALORE-01.
...RESPONDENTS
THIS REVIEW PETITION IS FILED UNDER ORDER
47 RULE 1 R/W SECTION 114 OF CPC, PRAYING THIS
HONBLE COURT TO (A) ALLOW THE ABOVE REVIEW
PETITION BY REVIEWING THE JUDGMENT DATED
03/08/2021 PASSED IN MFA NO. 1230/2020 (MV-D)
IN THE INTEREST OF JUSTICE AND EQUITY.
(B) ALLOW THIS PETITION WITH COSTS
THROUGHTOUT, AND (C) GRANT SUCH OTHER AND
FURTHER RELIEF'S AS THIS HON'BLE COURT DEEMS
FIT TO GRANT IN THE CIRCUMSTANCES OF THE
CASE, TO MEET THE ENDS OF JUSTICE.
THIS REIVEW PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
3
ORDER
This review petition is filed to review the
judgment dated 03.08.2021 passed in MFA
1230/2020.
2. The learned counsel for the petitioner
submitted that the claim petition was filed by the
claimants against the Sriram General Insurance
Company Limited before the MACT, Ramanagara as
respondent No.2. But while filing MFA 1230/2020
before this Court seeking enhancement of
compensation, by inadvertently, the 'United India
Insurance Company Limited' has been made as
respondent No.2 instead of 'Sriram General Insurance
Company Limited'. Notice had been served on 'United
India Insurance Company'. But none appeared for the
said Insurance Company. After hearing the learned
counsel for the appellant, on 3.8.2021, this court was
pleased to partly allow the appeal by enhancing the
compensation. Even though in the operative portion of
the judgment dated 3.8.2021, Sriram General
Insurance company Limited has been directed to pay
compensation, but in the causetitle of the judgment,
the respondent No.2 is shown as 'United India
Insurance Company Limited'. Now, this petition is filed
to review the judgment dated 3.8.2021 passed in MFA
1230/2020 on the ground that the respondent No.2,
'United India Insurance Company' has been wrongly
made as party instead of 'Sriram General Insurance
Company'.
3. Heard the learned counsel for the petitioner
and perused the papers.
4. The appellants while filing MFA 1230/2020
have wrongly made the respondent No.2, 'United
India Insurance Company Limited' as party to the
appeal instead of 'Sriram General Insurance Company
Limited'. Notice was ordered to respondent No.2
United India Insurance Company Limited, but none
appeared. By judgment dated 3.8.2021, the appeal
was partly allowed directing the Sriram General
Insurance Company Limited to pay compensation.
However, in the causetitle of the said judgment,
respondent No.2 is wrongly shown as 'United India
Insurance Company Limited' instead of 'Sriram
General Insurance Company Limited'.
5. In view of above, the review petition is
allowed. The judgment dated 3.8.2021 passed in MFA
1230/2020 is recalled. MFA 1230/2020 is restored to
file.
Sd/-
JUDGE
DM
