The Divisional Manager vs Smt.Soubhagya W/O Irappa Wali
2023 Latest Caselaw 8933 Kant

Karnataka High Court

The Divisional Manager vs Smt.Soubhagya W/O Irappa Wali on 29 November, 2023

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                         -1-
                                               NC: 2023:KHC-D:13982
                                                  RP No. 100067 of 2018




                        IN THE HIGH COURT OF KARNATAKA,
                                DHARWAD BENCH

                   DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                      BEFORE

                 THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                        REVIEW PETITION NO.100067/2018

            BETWEEN:

            THE DIVISIONAL MANAGER,
            NATIONAL INSURANCE COMPANY LIMITED,
            SUJATA COMPLEX, OPP. P.B. ROAD,
            HUBBALLI, DIST: DHARWAD,
            THROUGH ITS BRANCH MANAGER.
                                                            ...PETITIONER
            (BY SRI M. Y. KATAGI, ADVOCATE)

            AND:

            1.   SMT. SOUBHAGYA W/O. IRAPPA WALI,
                 AGE: 42 YEARS, OCC: COOLIE WORK,
                 R/O: HOSAHULIHALLI, TQ: RANEBENNUR,
                 DIST: HAVERI - 581 115.

            2.   SMT. GANGAMMA W/O. RAJENDRAKUMAR BADIGER,
Digitally        AGE: MAJOR, OCC: BUSINESS,
signed by        R/O: BESIDES SURAJ HOTEL,
SUJATA
SUBHASH          ASHOK NAGAR, NEAR SURANAGI
PAMMAR           ADVOCATE'S HOUSE, TQ: RANEBENNUR,
                 DIST: HAVERI - 581 115.
                                                       ...RESPONDENTS
            (BY SRI LOKESH MALAVALLI, ADVOCATE FOR R1)

                  THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1
            R/W SECTION 151 OF CPC, PRAYING TO REVIEW THE ORDER DTD
            23.10.2017 PASSED IN THE MFA NO.101066/2014 (MV) ON THE FILE
            OF HONBLE HIGH COURT OF KARNATAKA, DHARWAD BENCH AT
            DHARWAD.

                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
            COURT MADE THE FOLLOWING:
                              -2-
                                   NC: 2023:KHC-D:13982
                                       RP No. 100067 of 2018




                           ORDER

This court on 23.10.2017 has disposed of the appeal

by saddling liability on the insurance company to pay the

compensation.

2. The claim petition filed by the claimant under Section

166 of M.V. Act was allowed by the tribunal. In it's

judgment dated 17.01.2014, tribunal has fastened the

liability on the owner of the Maruti Omni car on the ground

that the Maruti omni car was taken on hire and reward

basis.

3. The claimant challenged the said judgment in this

appeal for enhancement of compensation as well as

modifying the liability. This Court by judgment dated

23.10.2017 has modified the liability and fastened the

liability on the insurance company to pay the

compensation. But, in the judgment, reason is not

assigned why liability is changed from owner to insurance

company.

NC: 2023:KHC-D:13982

4. Upon perusing the evidence on record once again,

there is no evidence from the insurance company that

Maruti omni car was used on hire and reward basis.

Therefore, correctly the liability is modified and fastened

on the insurance company. To this aspect, this court in the

said judgment has not assigned any reason. Therefore, in

this review petition, it is observed that the insurance

company has not placed any evidence or pointed out

anything from the evidence produced by the claimant to

prove that Maruti Omni car was used on hire and reward

basis.

5. Therefore, the order in this review petition shall be

made as part and parcel of the order dated 23.10.2017

passed in this appeal. Accordingly review petition is

disposed of.

SD/-

JUDGE HMB List No.: 2 Sl No.: 24`

CT-ASC