- 1 - HC-KAR NC: 2025:KHC-K:2953 RP No. 200091 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REVIEW PETITION NO.200091 OF 2024 BETWEEN: THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., KATKAM KRISTAIAH COMPLEX, CITY TALKIES ROAD, MAKTHALPET, RAICHUR – 584 101. …PETITIONER (BY SRI SUDARSHAN M, ADVOCATE) AND: 1. SMT. AMBAMMA W/O LATE SIDRAMAPPA, AGE: 40 YEARS, OCC: HOUSEHOLD WORK, 2. SIDRAMAPPA S/O RANGAPPA, AGE; 43 YEARS, OCC; AGRICULTURE, BOTH ARE R/O: HEMANUR VILLAGE, TQ: DEVADURGA, DIST; RAICHUR, NOW AT R/O: BESTWARPET, RAICHUR – 584 101. 3. SRISHAIL S/O GURUBASAYYA, AGE; MAJOR, OCC; DRIVER CUM OWNER OF Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2953 RP No. 200091 of 2024 TEMPO TRAX TOOFAN BEARING NO KA-36/N-2928, R/O: JAGIR JADALADINNI, YERMARUS VILLAGE, TQ: DEVDURGA, DIST: RAICHUR – 584 111. …RESPONDENTS (SMT.SHANTABAI SUBASH PATIL, ADV FOR R1 AND R2; NOTICE TO R3 IS DISPENSED WITH) THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF THE CPC, PRAYING TO REVIEW AND RECALL THE JUDGMENT PASSED IN MFA NO.201423/2022 DATED 27.09.2023 BY THIS HON’BLE COURT AND HEAR THE MFA NO.201423/2022 ON MERITS TO MEET THE ENDS OF JUSTICE. THIS REVIEW PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER With consent of both parties, matter is finally taken up for disposal. 2. Challenging judgment and award dated 27.09.2023 passed by this Court in MFA no.201423/2022, this review petition is filed. 3. Sri M. Sudharshan, learned counsel for review petitioner submits Review Petition is by insurer. It was submitted in MFA no.201423/2022 claimants had challenged judgment and award dated 24.09.2021 passed by MACT, - 3 - HC-KAR NC: 2025:KHC-K:2953 RP No. 200091 of 2024 Raichur in MVC no.306/2019 and sought enhancement of compensation. In said appeal, he was directed to accept notice for respondent no.2/insurer. Having accepted notice for respondent no.2, he had represented insurer and matter was disposed off on 27.09.2023. Subsequently, insurer informed him about pendency of appeal filed by insurance company against very same judgment and award. Only, thereafter he came to know that claimants’ appeal got disposed off without being connected or tagged along with insurer’s appeal. It is submitted that claimants were aware about pendency of insurer’s appeal, but had not disclosed same to this Court. Since, appellant/insurer had urged several substantial grounds and was challenging judgment and award on liability, disposal of claimants’ appeal without being tagged along with said appeal had resulted in grave inconvenience. On said ground, he sought for allowing review petition and restoring MFA no.201423/2022 to file. 4. Smt.Shantabai Subhash Patil, learned counsel for respondents/claimants, on other hand, would oppose petition. It was submitted that she was unaware about pendency of insurer’s appeal and after counsel for insurer was directed to - 4 - HC-KAR NC: 2025:KHC-K:2953 RP No. 200091 of 2024 accept notice, matter was in fact referred to Lok Adalath for exploring possibilities of settlement. Much later, i.e. on 27.09.2023, appeal came to be disposed off by considering contentions of claimants on merits. Review petition was not filed immediately after disposal of MFA no.201423/2022 and therefore, there was no bonafide in petition. 5. Heard learned counsel and perused impugned judgment and award. 6. From above, point that would arise for consideration is “Whether review petition is required to be allowed and appeal restored to file?” 7. From above, it is seen there was dispute about judgment and award passed by MACT, Raichur in MVC no.306/2019 on 24.09.2021 allowing claim petition and awarding Rs.5,00,000/- as compensation. There is no dispute that both claimants (in MFA no.201423/2022) and insurer (in MFA no.200646/2022) assailed said award. The error in question is not taking up both appeals together for disposal. - 5 - HC-KAR NC: 2025:KHC-K:2953 RP No. 200091 of 2024 8. In order to appreciate contentions, it would be appropriate to refer to few dates. MFA no.200646/2022 i.e. insurer’s appeal was filed on 10.03.2022. Notices ordered were dispatched on 25.03.2022 and respondent no.2/claimant was served on 02.05.2022. Likewise, claimant’s appeal i.e. MFA no.201423/2022 was filed on 10.01.2022. Panel counsel was directed to take notice on 02.09.2022. Subsequently, matter was referred to Lok Adalath and returned back to Court without settlement and thereafter, it was disposed off. Records would indicate that claimant no.2 i.e., respondent no.2 in MFA no.200646/2022 was served with notice on 02.05.2022 i.e., much prior to disposal of MFA no.201423/2022. At same time, when panel counsel was directed to accept notice in September, 2022, matter was referred to Lok-Adalat and efforts for settlement made in month of February, 2023 and thereafter, matter was listed back before this Court due to non- settlement. Insurer failed to inform this Court about pendency of its appeal. Under such circumstances, and in case, order is not recalled and appeal restored to file, insurer’s contentions on its liability would be buried. On other hand, if impugned judgment and award is recalled and appeal is restored to file, - 6 - HC-KAR NC: 2025:KHC-K:2953 RP No. 200091 of 2024 claimants would suffer inconvenience. Therefore, it would be appropriate to compensate claimants for inconvenience caused. 9. Point for consideration is answered in affirmative. 10. Consequently, following: ORDER Review Petition is allowed. Judgment and award dated 27.09.2023 passed by this Court in MFA no.201423/2022 is recalled. Appeal in MFA no.201423/2022 is restored to file subject to condition of insurer paying to respondents/claimants a sum of Rs.15,000/- as compensatory cost for inconvenience caused. Said amount to be paid within 15 days. MFA no.201423/2022 to be connected with MFA no.200646/2022. All contentions of claimants are kept open. Sd/- (RAVI V HOSMANI) JUDGE NJ,NB List No.: 1 Sl No.: 0 Ct;Vk