Karnataka High Court
Smt. Shobha W/O Mohan Karadi vs M/S S R S Travels Prop. Kt. ... on 17 August, 2023
Bench: Anant Ramanath Byarhj
-1-
NC: 2023:KHC-D:9142
RP No. 100034 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REVIEW PETITION NO. 100034 OF 2023
BETWEEN:
SMT. SHOBHA W/O MOHAN KARADI
AGE: 64 YEARS, OCC: HOUSE WIFE,
R/O: H.NO. 6, SHIVAKRUPA,
MAYURI GARDEN, BEHIND,
NEW BUS STAND, HUBBALLI,
DIST: DHARWAD, PIN-580024.
...PETITIONER
(BY SRI. MOHAN KARADI, ADVOCATE)
AND:
Digitally
1. M/S. S.R.S TRAVELS
signed by
VIJAYALAXMI
VIJAYALAXMI M BHAT
PROP: KT. RAJSHEKAR
M BHAT Date:
2023.08.22
11:29:13 -
0700
AGE: 69 YEARS,
OCC: BUSINESS AND
OWNER OF VEHICLE, R/O: NO.65,
JGARADODDI BIDADI,
INDUSTRIAL AREA RAMANAGAR,
DIST: RAMANAGAR.
2. THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE COMPANY LIMITED
HUBBALLI, BY ITS REGIONAL OFFICE,
SRINATH COMPLEX,
N.C.M, HUBBALLI, DIST: DHARWAD.
...RESPONDENTS
-2-
NC: 2023:KHC-D:9142
RP No. 100034 of 2023
THIS REVIEW PETITION IS FILED UNDER SECTION 114
READ WITH ORDER 47 RULE (1) OF CPC, PRAYING TO REVIEW
THE JUDGMENT DATED 24.03.2023 PASSED IN MFA NO.
101931/2018 C/W MFA NO. 104323/2019 DATED 24.03.2023
AND FURTHER BE PLEASED TO MODIFY THE JUDGMENT AND
AWARD PASSED BY ENHANCING THE COMPENSATION TO Rs.
14,00,000/- IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
JUDGMENT
Heard learned counsel for the petitioner.
2. This Court vide order dated 24.03.2023 allowed
MFA no.101931/2018 filed by the insurer challenging the
judgment and award passed by the Tribunal in MVC
No.283/2017 on the file of the AMACT, Hubballi. The
claimant had also filed an appeal in MFA no.104323/2019
challenging the very same judgment and award passed by
the Tribunal.
3. The Tribunal had awarded compensation of
Rs.7,24,091/- in favour of the claimant along with interest
at the rate of 8% p.a. This Court has reduced the
NC: 2023:KHC-D:9142
RP No. 100034 of 2023
compensation and awarded total compensation of
Rs.4,90,662/- along with interest at the rate of 6%.p.a.
Against the aforementioned order, the present review
petition is filed.
4. Learned counsel for the petitioner seeks to
produce 20 medical bills said to be the documents relating
to medical expenses incurred by the petitioner. Application
is not filed for production of those documents. Even before
the Appellate Court, the documents were not produced.
5. He has also placed reliance on the judgment of
the Apex Court in the case of Sandeep Khanuja vs. Atul
Dande and Another in Civil Appeal No.1329/2017 and the
judgment of this Court in the case of K.Narasimha Murthy
vs. The Manager, Oriental Insurance reported in ILR 2004
KAR 2471 and also the judgment of the Apex Court in the
case of Basappa vs. State of Karnataka in Criminal Appeal
No.512/2014.
NC: 2023:KHC-D:9142
RP No. 100034 of 2023
6. This Court has perused the aforementioned
judgments. The ratio laid down in the aforementioned
judgments is not applicable to the present set of facts of
the case. No grounds are made out in pointing the error
apparent in the judgment passed by this Court on
24.03.2023 which is under review, as contemplated in
Order XLVII of the Code of Civil Procedure.
7. Accordingly, the review petition is dismissed.
Sd/-
JUDGE
VMB,SH
