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2025 DAILYLAW 11105 (KAR)

THE LAW OFFICER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., v. SANGAPPA

RP/200057/2024 · 2025-03-07

Ashok S Kinagi

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-K:1572 RP No. 200057 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI REVIEW PETITION NO. 200057 OF 2024 BETWEEN: THE LAW OFFICER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., 1ST FLOOR, HASMI MANZIL, MADIVAL ARCADE, CLUB ROAD, BENGALURU-590001. …PETITIONER (BY SRI. SUDARSHAN M, ADV.) AND: 1. SANGAPPA S/O LAXMAN SUTAR @ BADIGER, AGE. 54 YEARS, OCCUPATION: COOLIE 2. SMT. SUNAND W/O SANGAPPA SUTAR @ BADIGER, AGE. 52 YEARS, OCCUPATION HOUSEHOLD BOTH ARE RESIDENT OF SALOTAGI, TALUK: INDI, DISTRICT: VIJAYAPURA-586217. 3. GANGADHAR S/O DODDAPPA DUDALE, AGE. 57 YEARS, OCCUPATION: BUSINESS, RESIDENCE OF KUMBARI, TALUK: SOUTH SOLAPUR, DISTRICT: SOLAPUR-421000. …RESPONDENTS (BY SRI. CHANDRAKANTH L. KOUJALGI, ADV. FOR R1 & R2 R3 NOTICE D/W) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1572 RP No. 200057 of 2024 THIS RP IS FILED U/O XLVII RULE 1 R/W SEC. 114 OF THE CPC, BY THE ADVOCATE FOR REVIEW PETITIONER PRAYING THAT THIS HONOURABLE COURT TO A) REVIEW THE JUDGMENT AND SET ASIDE THE ORDER PASSED IN M.F.A.NO. 32756/2013 DATED 04.04.2022 BY THIS HON’BLE COURT. B) TO GRANT SUCH OTHER RELIEF/S AS THIS HON’BLE COURT MAY DEEM FIT. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL ORDER (PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI) This Review Petition is filed to review the judgment dated 04.04.2022 passed in MFA No.32756/2013. 2. The respondents aggrieved by the award passed by the Commissioner for Workmen’s Compensation and Labour Officer, Sub Division-I, Bijapur in WCA SR No.12/2012 had filed the aforesaid appeal. The Insurance Company had also filed an appeal against the award passed by the Commissioner for Workmen’s Compensation in MFA No.33125/2013 and in the other connected matters. The Co-ordinate Bench of this Court vide judgment dated 26.02.2019 set aside the award passed by the Commissioner for Workmen’s Compensation and the liability has been fixed - 3 - NC: 2025:KHC-K:1572 RP No. 200057 of 2024 on the owner. The said fact was not brought to the notice of the Court, either by the petitioner-Insurance Company or the respondents-claimants. This Court vide order dated 04.04.2022 allowed the appeal filed by the respondents and modified the judgment and award passed by the Commissioner for Workmen’s Compensation, and enhanced the compensation. 3. The petitioner has filed this review petition as the claim petition was dismissed against the Insurance Company. There is an error apparent on the face of the record. 4. Accordingly, the Review Petition is allowed. The order dated 04.04.2022 passed in MFA No.32756/2013 is set aside. List this appeal before the Roster Bench. Sd/- (ASHOK S. KINAGI) JUDGE rs