The New India Assurance Company ... vs Smt. Jayashree. B. P
2022 Latest Caselaw 3333 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH DAY OF FEBRUARY 2022

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                             AND

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

                   R.P. NO.299 OF 2021
                            IN
              M.F.A. NO.4369 OF 2015 (MV-D)
BETWEEN:

THE NEW INDIA ASSURANCE COMPANY LIMITED
MAHALAKSHMI CHAMBERS, NO.9
2ND FLOOR, M G ROAD, BENGALURU 560001
REPRESENTED BY THE MANAGER
THE NEW INDIA ASSURANCE COMPANY LIMITED
MOTOR THIRD PARTY CLAIMS HUB
BANGALORE.
                                              ... PETITIONER
(BY SRI. VENKATESH KAMATH B.R. ADV.,)

AND:

1.    SMT. JAYASHREE B.P.
      W/O LATE NAGARAJ K P
      AGED ABOUT 46 YEARS.

2.    KUM. NAVYSHREE K N
      D/O LATE NAGARAJ K P
      AGED ABOUT 26 YEARS.

3.    KUM. PREETHI K N
      D/O LATE NAGARAJ K P
      AGED ABOUT 19 YEARS.
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     ALL ARE R/AT.
     SRI ANNAPOORNESHWARI
     NILAYA, 11-A CROSS
     BASAVA SAMITHI BADAVANE
     NEAR NANJAPPA CIRCLE
     VIDYARANYAPURA, BANGALORE NORTH
     BANGALORE 97.

4.   SRI. SHEKAR
     AGED MAJOR
     NO.262/2, 1ST CROSS THINDLU
     VIDYARANYAPURA POST
     BANGALORE 560097.

                                             ... RESPONDENTS
                             ---

      THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W
ORDER 47 RULE 1 OF CPC, PRAYING TO CALL FOR THE RECORDS
IN THE JUDGMENT DATED 27/02/2020, PASSED IN MFA NO.
4369/2015, REVIEW THE SAME.        TO MODIFY THE JUDGMENT
DATED 27/02/2020 IN MFA NO. 4369/2015, PASSED BY THIS
HON'BLE COURT AND PASS THE ORDER THAT AFTER DEPOSITING
THE AWARD AMOUNT THE HON'BLE MACT BEFORE RELEASE OF
THE AWARD AMOUNT, THE INSURED / OWNER OF THE VEHICLE
SHALL BE ISSUED A NOTICE AND HE SHALL BE REQUIRED TO
FURNISH SECURITY FOR THE ENTIRE AMOUNT WHICH THE
INSURER WILL PAY TO THE CLAIMANTS. TO PASS SUCH OTHER
ORDER OR DIRECTION INCLUDING AN ORDER AS TO COSTS AS
DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE.


      THIS   R.P.   COMING   ON    FOR   ORDERS,   THIS   DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                          ORDER

Learned counsel for the appellant has filed a memo

seeking leave of this court to withdraw the review

petition.

The aforesaid memo is taken on record.

Accordingly, the petition is dismissed as

withdrawn.

Sd/-

JUDGE

Sd/-

JUDGE ss