Karnataka High Court
Shri Vishwanath vs Smt H Kumari on 8 December, 2023
Bench: B M Shyam Prasad, Ravi V Hosmani
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NC: 2023:KHC:44613-DB
RP No. 349 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
AND
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REVIEW PETITION NO. 349 OF 2023
IN
M.F.A. NO. 2482/2015 (MV-D)
BETWEEN:
SHRI VISHWANATH
S/O SHRI. NINGE GOWDA,
AGED ABOUT 42 YEARS,
R/AT HALSINAHALLI VILLAGE,
YOGIHALLI, DUDDA HOBLI,
HASSAN TALUK AND DISTRICT - 573201.
(OWNER OF THE TANKER LORRY
BEARING REGISTRATION NO. KA-13-9689)
...PETITIONER
Digitally
signed by (BY SRI. SHIVAKUMAR N.,ADVOCATE)
NARASIMHA
MURTHY
VANAMALA AND:
Location:
HIGH
COURT OF 1. SMT H KUMARI
KARNATAKA
W/O. LATE B.S.THIPPESWAMY,
AGED ABOUT 39 YEARS,
2. SHRI DODDA SANJIVAPPA
S/O. LATE MR. HANUMAPPA,
AGED ABOUT 75 YEARS,
3. SMT. MARAKKA
W/O DODDA SANJIVAPPA
AGED ABOUT 70 YEARS,
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RP No. 349 of 2023
4. DEEPTHI
MINOR,
REPRESENTED BY HER
MOTHER SMT. H. KUMARI
RESPONDENTS NOS. 1 TO 4 ARE
RESIDING AT BANGARAKKANAHALLI
VILLAGE, CHITRADURA TALUK
AND DISTRICT - 577517.
5. SHRI B.C. SRIDHARA
S/O SHRI CHIKKE GOWDA,
AGED ABOUT 36 YEARS,
R/AT BOMMENAHALLI VILLAGE,
DUDDA HOBLI, HASSAN TALUK
AND DISTRICT - 573201.
6. THE DIVISIONAL MANAGER,
NATIONAL INSURANCE CO., LTD.,
MELGIRI PLAZA, DENTAL COLLEGE ROAD,
DAVANAGERE - 577002.
POLICY ISSUING OFFICE
1ST FLOOR, MANJUNATHESWARA
COMPLEX, HASSAN.
7. THE DIVISIONAL CONTROLLER
KSRTC, CHIKKMAGALUR DIVISION
CHIKKMAGALUR - 573207.
8. THE MANAGING DIRECTOR /
CHAIRMAN INTERNAL SECURITY FUND,
KSRTC, SHANTHI NAGAR, K.H.ROAD,
BANGALORE - 560027.
...RESPONDENTS
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NC: 2023:KHC:44613-DB
RP No. 349 of 2023
THIS REVIEW PETITION IS FILED UNDER
SECTION 114 R/W ORDER 47 RULE 1 OF CPC, PRAYING
TO CALL FOR RECORDS IN MFA NO. 2482/2015 AND
REVIEW THE SAID JUDGMENT AND ORDER DATED
16/06/2020.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, B.M. SHYAM PRASAD J., DELIVERED THE
FOLLOWING:
ORDER
This belated Review Petition is filed for recall
of the order dated 16.06.2020 in Miscellaneous First
Appeal No.2482/2015 with an application for
condonation of delay stating inter alia that the
petitioner was not aware that the appropriate
certificate was not produced to demonstrate that the
driver of the offending vehicle bearing No.KA-
13/9689 was duly certified to drive a vehicle carrying
hazardous goods and that he came to know about the
same only after the dismissal of the appeal.
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It is seen from this Court's judgment dated
16.06.2020 that the insurer [the third respondent] is
given liberty to recover the amount paid as
compensation to the respondent - claimant in the
execution of this judgment, and this liberty is
because the driver of the vehicle did not have the
endorsement to drive a vehicle carrying hazardous
goods. If indeed the petitioner can demonstrate that
the driver was issued with the necessary
endorsement/ certificate to drive the vehicle carrying
hazardous material, this Court is of the view that it
must be considered in the pending execution
proceedings in Execution No.73/2022 on the file of
the II Additional Senior Civil Judge, Chitradurga
commenced by the insurer as the liberty is on the
ground that no material is placed, and there is no
reason to unsettle the questions otherwise decided.
Therefore, the petition stands disposed of
observing that the petitioner shall be at liberty to
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produce necessary document before the executing
Court and if it is produced, the executing Court shall
consider the efficacy of the same in accordance with
law after due opportunity to the insurer before
deciding whether the insurer can recover the amount
from the petitioner. The petition stands disposed of
accordingly.
The registry is directed to return the original
documents produced as additional documents
subject to receiving photocopies thereof.
SD/-
JUDGE
SD/-
JUDGE
NV
