Pushpalatha vs K S R T C
2023 Latest Caselaw 7252 Kant

                                             -1-
                                                       NC: 2023:KHC:37329
                                                       RP No. 295 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 12TH DAY OF OCTOBER, 2023

                                          BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                               REVIEW PETITION NO.295 OF 2023
                                             IN
                                   MFA NO.5509/2013 (MV)
                   BETWEEN:

                   1.    PUSHPALATHA
                         W/O SHIVACHANNABASAPPA,
                         AGED 48 YEARS,
                         OCC: HOUSEHOLD WORK,

                   2.    SHIVAPRASAD
                         S/O SHIVACHANNABASAPPA,
                         AGED ABOUT 21 YEARS,

                   3.    CHAITHRA
                         D/O SHIVACHANNABASAPPA,
Digitally signed
by SHARANYA T            AGED ABOUT 18 YEARS,
Location: HIGH
COURT OF
KARNATAKA                ALL ARE R/O. NO.242, BAZAAR STREET,
                         KENGERI UPANAGAR,
                         BANGALORE-560060.
                                                           ...PETITIONERS

                   (BY SRI KAMADOLLI MANJULADEVI RAMAPPA, ADVOCATE)
                   AND:

                   1.    KSRTC
                         CENTAL OFFICE,
                         K.H. ROAD, SHATHINAGAR,
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                                                 NC: 2023:KHC:37329
                                                 RP No. 295 of 2023




      BANGALORE-560027
      REP. BY MANAGING DIRECTOR.

2.    THE UNITED INDIA INSURANCE CO., LTD.,
      III PARTY CLAIMS HUB,
      KRISHI BHAVAN, 5TH FLOOR,
      BANGALORE,
      BY ITS GENERAL MANAGER.

                                                   ...RESPONDENTS
(BY SMT. H R RENUKA, ADVOCATE)

    THIS REVIEW PETITION IS UNDER ORDER XLVII (1)
OF CPC R/W SECTION 114 OF CPC, PRAYING TO REVIEW
THE JUDGMENT AND ORDER IN MFA NO.5509/2013
DATED 06/12/2022 BY THIS COURT AND ETC.

     THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:


                               ORDER

The counsel for the review petitioners has filed the

present review petition contending that during the

pendency of the appeal appellant No.1 passed away and

the same was not brought to the notice of this Court.

Hence, this Court apportioned the compensation granted

but in view of the death of appellant No.1, the

apportionment has to be modified.

NC: 2023:KHC:37329 RP No. 295 of 2023

2. Having considered the submission, this Court

directed the counsel for the review petitioners to serve a

copy of the petition on respondent No.1 since liability is

fixed on respondent No.1.

3. The counsel for the review petitioners has

produced the acknowledgment for having served the copy

of the present petition and the name of respondent No.1 is

also shown in the cause list but the counsel has not

appeared before the Court.

4. In view of the changed circumstances that

appellant No.1 is no more and when the amount is

apportioned in favour of appellant No.1, it is appropriate to

apportion the amount of appellant No.1 in favour of her

grandchildren that is claimant Nos.3 and 4 equally and

accordingly, the judgment and award of this Court in MFA

No.5509/2013 dated 06.12.2022 is modified by allowing

the said review petition.

Sd/-

JUDGE

SN