- 1 - HC-KAR NC: 2025:KHC-K:3014 RP No. 200006 of 2021 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI REVIEW PETITION NO.200006 OF 2021 BETWEEN: 1. HANMANTH S/O LATE BHIMARAYA, AGE: 34 YEARS, OCC: COOLI, 2. SHASHAPPA S/O LATE BHIMARAYA, AGE: 32 YEARS, AGRI – COOLIE, BOTH R/O: KUDLOOR VILLAGE, TQ: DIST: YADGIR – 585 201. …PETITIONERS (BY SRI S.S. SAJJANSHETTY, ADVOCATE) AND: 1. AYYAPPA S/O HANMANTHA DASAR, AGE: 44 YEARS, OCC: OWNER OF JEEP NO. AP-1/T-6166, R/O: HANDERKI VILLAGE, TQ: SEDAM, DIST: GULBARGA – 585 101. 2. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD., N.G. COMPLEX, 1ST FLOOR, OPP: MINI VIDHAN SOUDHA, GULBARGA, TQ. DIST. GULBARGA – 585 101. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3014 RP No. 200006 of 2021 PRESENTLY REPRESENTED BY THE SENIOR DIVISION MANAGER, ORIENTAL INSURANCE CO. LTD., (AS MENTIONED IN ABOVE MFA) …RESPONDENTS (BY SRI SUDARSHAN M., ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 READ WITH SECTION 114 OF THE CPC, PRAYING TO REVIEW APPLICATION BE ALLOWED AND COMMON JUDGMENT AND AWARD DATED 10.01.2019 PASSED IN MFA NO.32018/2012 (MV) C/W MFA.CROB NO.200074/2014 (MV) VIDE ANNEXURE-1 BE RECALLED/REVIEWED, WITH MODIFICATION OF LIABILITY FROM RESPONDENT-1/OWNER TO RESPONDENT-2/INSURER DIRECTING INSURANCE COMPANY TO DEPOSIT BALANCE 50% OF THE AWARD AMOUNT WITH INTEREST FROM PETITION TILL DEPOSIT AND ETC. 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 Challenging judgment and award dated 10.01.2019 passed by this Court in MFA no.32018/2012 connected with MFA.Crob.no.200074/2014, this review petition is filed. 2. Sri S.S.Sajjanshetty, learned counsel for petitioners submitted that petitioners were claimants before Tribunal and aggrieved by judgment and award dated 16.06.2012 passed by Member, MACT-II, Yadgir in MVC no.19/2006, Insurer had filed MFA no.32018/2012 challenging award on liability only. In said - 3 - HC-KAR NC: 2025:KHC-K:3014 RP No. 200006 of 2021 appeal, claimants/petitioners had filed MFA CROB no.200074/2014 seeking enhancement of compensation. This Court had heard matter, clubbed appeal as well as cross- objection and disposed off same under impugned judgment, allowing Insurer’s appeal and shifting liability on owner of vehicle. It was submitted this Court had also reduced compensation without appeal on quantum by Insurer. It is submitted, in appeal filed earlier by insurer, it had deposited 50% of award amount in compliance of interim order, but said fact was suppressed by insurer at time of disposal of appeal. Therefore, seeking for review of judgment, present petition is filed. It was submitted there was a delay of 409 days in filing petition and prayed for its condonation. 3. Heard learned counsel and perused impugned judgment. 4. As submitted, there is delay of 409 days in filing review petition, I.A.no.2/2021 is filed for its condonation. In affidavit filed in support of application, it is stated as follows : 1. That, I am the petitioner No.2 and the petitioner no.2 is elder brother being the claimants in MVC before the Learned - 4 - HC-KAR NC: 2025:KHC-K:3014 RP No. 200006 of 2021 MACT and Cross objectors in MFA CROB before the Hon'ble High Court seeking just compensation on account of death our mother by name Bhagamma. the deponent is authorized to swear this affidavit on his behalf too, as deposed below: 2. The deponent is advised to submit that, the above Review Petition arises out of the impugned common Judgment and Award dtd 10-1-2019 passed by the Hon'ble High Court of Karnataka Kalaburagi Bench in MFA No.32018/2012 (mv) c/w MFA-CROB No.200074/2014 (mv) copy produced as ANNEXURE-I, in which the MFA no.32018/2012 filed by the Ins. Company Ltd/Insurer/Resp-2 here in allowed. The Judgment and Award dtd 16-6-2012 passed by the MACT-II Yadgiri in MVC no.19/2016 so far as saddling liability on the Insurance company is set aside & MFA-CROB No.200074/2014 is disposed of holding the claimants are entitled for total Compensation Rs.3,65,000- together with interest at 6% p.a. from the of date of filing petition till its realization from the respondent no.1/the owner of the vehicle further ordered the amount of compensation deposited by the Insurance company shall be refunded to it. The appeal and Cross objection having been heard on 6-12- 2018 being reserved for judgment pronounced on 10-1- 2019 by common Judgment vide Annexure-I, is apparent erroneous, Improper, arbitrary and contrary to the pleading and proof being positive material on record which deserves to be modified by suitable orders in the facts and circumstances & grounds made out in the review petition. 3. The deponent is further advised to submit that, previously at Ist time, based on the evidence in the enquiry, the Learned AddI. MACT Yadgir by Judgment and Award dated 27-1-2008 partly allowed claim petition by awarding total Rs.3,27,000- with interest 6% per annum from petition to payment, of which cc is produced as ANNEXURE-II, holding and directing the Respondent No.2 liable to deposit. Accordingly the petitioners have filed EP No.543/2013 in which order of attachment came to be issued against resp- 2., which being assailed by the Insurer in MFA No.4554/2008, in which interim order of STAY granted by the Hon'ble Court subject to deposit of 50% of awarded amount with interest to be deposited before the MACT in EP and as directed, the Resp-2 had deposited Rs.1,62,500- which was withdrawn by the petitioners/claimants on 23-1- 2014. The true copy of letter dtd 3-4-2014 by the Resp- 2/Insurer addressed to the Hon'ble PDJ, Gulbarga (regarding details of deposit) is produced for kind and instant perusal being marked as ANNEXURE-V. That after contest, MFA No.4554/2008 came to be disposed of by remitting to the Tribunal for re-consideration by Judgment - 5 - HC-KAR NC: 2025:KHC-K:3014 RP No. 200006 of 2021 dated 5-8-2011, true copy of which is produced as ANNEXURE-IV in which the amount deposited has been directed to send Tribunal directing to dispose of within 6 months from the date of receipt of LCR. 4. That, after remand, fresh evidence recorded based on which the MACT below partly allowed the claim petition holding the Resp.No.2 liable to deposit as observed in Para No.12 and 13 of judgment on the main reason that no hire defence is taken by the Insurer in the WS, addl. Amount of Rs.700 – collected as addl. Premium to cover the risk of total 9 passengers and awarded total Compensation Rs.4,00,000- with interest at 6% per annum taking notional income of Rs.3,000- per month deducting 1/3 inclusive award Rs.40,000/- in the conventional heads by Judgment and Award dated 16-6-2012 copies produced as ANNEXURE-II, which for the second time Ins.Co./Insurer/Resp-2 has filed above MFA in which the petitioners have filed MFA.CROB seeking enhancement and sought to dismissal of the MFA by disclosing fact of previous deposit & withdrawal by them in their MFA. CROB, which common order is the subject matter of this R.P. 5. That, as there is communication gap between our counsel both at trail court and high court, as we are in Bangalore for the livelihood, belatedly came to know and because of several restrictions and conditions due to Covid-19, and also in collecting papers, there is delay caused in filing the above petition which is neither intentional one nor deliberate but factually prevented amounting sufficient cause in condoning the delay for which the High court is empowered to condone so as to remove injustice caused to the petitioners being third part claimants in the interest of justice and equity.” 5. Though normally this Court in claimant’s appeal for enhancement of compensation is liberal in condonation of delay, instant case is not an appeal by claimants, but review petition against a judgment passed by this Court after hearing Insurer’s appeal and claimants’ cross-objection. It is not case of petitioners that they were not heard. Only reason for reviews is - 6 - HC-KAR NC: 2025:KHC-K:3014 RP No. 200006 of 2021 that Insurance Company suppressed fact that amount was deposited by it in pursuance of interim order and claimants had withdrawn same. It is not explained how said fact has any bearing for condonation of delay or on merits against impugned order. Though a submission is made that Insurer had collected additional premium for coverage of risk of passengers in commercial vehicle, no material is produced to demonstrate same. 6. Only explanation for in form of general statement about communication gap between counsel and claimants who were in Bengaluru for earning livelihood and travel restrictions during COVID-19 pandemic do not appeal true. It is seen that impugned judgment was passed on 10.01.2019, more than a year before advent of COVID-19 pandemic. Said period cannot be condoned merely on ground that some portion of period of delay requires to be condoned in view of direction by Hon’ble Supreme Court in case of Cognizance for Extension of Limitation1. 1 (2022) 3 SCC 117 - 7 - HC-KAR NC: 2025:KHC-K:3014 RP No. 200006 of 2021 7. It is also seen that claimants have not produced any material to establish that they were away for earning their livelihood as they have shown their address as Kudloor village, Yadgir district. Even reliance placed on judgments of this Court in MFA no.5342/2010 dated 05.07.2018 and R.P.no.200019/2020 in MFA no.32425/2011 dated 07.01.2022 would not come to aid of petitioners as above factors distinguish this case from same. Under above circumstances, there is apparent lack of explanation for delay. 8. Apart from above, grounds urged in review petition also do not indicate any error apparent on face of record but, challenge against judgment on merits. It is settled principle of law that review petition cannot be used as another appeal. 9. Hence, I do not find sufficient cause for condonation of delay. I.A.no.2/2021 is rejected. Consequently, review petition is rejected. Sd/- (RAVI V HOSMANI) JUDGE SN List No.: 1 Sl No.: 59 Ct:Vk