United India Insurance Company Limited vs Shri Ningamaraiah
2024 Latest Caselaw 5148 Kant

Karnataka High Court

United India Insurance Company Limited vs Shri Ningamaraiah on 20 February, 2024

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                                                    NC: 2024:KHC:7116
                                                   RP No. 376 of 2014




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                      BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
                         REVIEW PETITION NO. 376 OF 2014
             BETWEEN:

             UNITED INDIA INSURANCE COMPANY LIMITED,
             LAKSHMI COMPLEX,
             NO.40, K.R.ROAD,
             BANGALORE - 560 002.

             BY ITS MANAGER,
             REGIONAL OFFICE,
             5TH AND 6TH FLOORS,
             KIRSHI BHAVAN,
             NRUPATHUNGA ROAD,
             BANGALORE - 560 001.
                                                        ...PETITIONER
             (BY SRI. A.M. VENKATESH, ADVOCATE)

Digitally    AND:
signed by
BHARATHI S
Location:
HIGH         1.      SHRI. NINGAMARAIAH,
COURT OF             SON OF LATE SHRI. MALLAIAH,
KARNATAKA
                     SINCE DEAD BY HIS LRS.

             1(A). SMT. YELLAMMA,
                   AGED ABOUT 42 YEARS,
                   WIFE OF SHRI NINGAMARAIAH.

             1(B). SMT.PADMA,
                   WIFE OF SHRI MANJU,
                   DAUGHTER OF SHRI NINGAMARAIAH,
                   AGED ABOUT 25 YEARS.
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                                                NC: 2024:KHC:7116
                                               RP No. 376 of 2014




1(C). KUM. PRIMA,
      DAUGHTER OF SHRI NINGAMARAIAH,
      AGED ABOUT 22 YEARS.

          ALL ARE RESIDING AT
          KATAGANAPALYA, LAKSHMIPURA,
          RAMANAGARA TALUK AND DISTRICT - 561 201.

2.        SHRI. SRIKANTAIAH,
          SON OF SHRI. GANGAIAH,
          RESIDING AT BUDANAHALLI,
          LAKSHMIPURA POST,
          KUNIGAL TALUK,
          TUMKUR DISTRICT.

3.        SHRI. FAYAZ,
          SON OF SHRI. MAHABOOB SHARIFF,
          RESIDING AT KATUKANAPALYA,
          LAKSHMIPURA POST,
          KOTUGAL HOBLI,
          RAMANAGAR TALUK,
          AND DISTRICT.
                                                  ...RESPONDENTS
(BY SRI. P.M. SIDDAMALLAPPA, ADVOCATE FOR R2;
    SRI. B.N. GOPALKRISHNA, ADVOCATE FOR R3)

       THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1    OF    CPC,   PRAYING   TO   REVIEW   THE     ORDER    DATED
11/04/2014 PASSED IN MFA NO. 7521/2011 (MV), ON THE
FILE      OF   THE   HON'BLE   HIGH    COURT    OF   KARNATAKA,
BANGALORE.

       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:
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                                                 NC: 2024:KHC:7116
                                                RP No. 376 of 2014




                             ORDER

The present review petition is filed by the Insurer to

review the order dated 11.04.2014 passed in MFA

No.7521/2011.

2. It is the case of the review petitioner - Insurer

that MFA No.9252/2011 has been filed by the insurer

challenging the judgment and award passed by the Tribunal.

MFA No.7521/2011 has been filed by the claimant seeking

for enhancement of compensation. That although MFA

No.9252/2011 was pending consideration, MFA

No.7251/2011 was partly allowed vide the order dated

11.04.2014 granting enhancement of Rs.15,000/- without

noticing the fact that the appeal of the insurer in MFA

No.9252/2011 was pending consideration. Hence, the

present review petition is filed.

3. Learned counsel for the claimant - Respondent

No.2 seeks to justify the order sought to be reviewed.

4. Having regard to the fact that the appeal of the

insurer in MFA No.9252/2011 is pending consideration, it is

NC: 2024:KHC:7116

just and expedient that the appeal of the Claimant in MFA

No.7521/2011 be heard along with the appeal of the Insurer.

5. In view of the aforementioned, the following:

ORDER

i) The present review petition is allowed;

ii) The order dated 11.04.2014 passed in MFA No.7521/2011 is reviewed and set aside.

Sd/-

JUDGE

KBM

CT:SNN