SAVITHRAMMA v. THE IFFCO TOKIYO GENERAL INSURANCE CO LTD
RP/217/2022 · 2025-03-27
Lalitha Kanneganti
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15879 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15879 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13435 RP No. 217 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REVIEW PETITION NO. 217 OF 2022 BETWEEN:
1. SAVITHRAMMA W/O LATE C.NAGARAJA AGED ABOUT 40 YEARS
2.
ROJA N., D/O LATE C.NAGARAJA AGED ABOUT 25 YEARS
3.
SUPRIYA N., D/O LATE C.NAGARAJA AGED ABOUT 20 YEARS
4.
SHARATH N., S/O LATE C.NAGARJAA AGED ABOUT 20 YEARS
ALL ARE R/O VIJAPURA LAKSHMISAGARA POST -577 541 CHITRADURGA TALUK AND DISTRICT …PETITIONERS (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE)
AND:
1.
THE IFFCO TOKIYO GENERAL INSURANCE CO. LTD., BHAVANI ARCHADE III FLOOR, NEW MUTTON MARKET HUBLI- 580 029 REPRESENTED BY ITS LEGAL MANAGER
ADDRESS FOR SERVICE:
IFFCO-TOKIO GENERAL
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13435 RP No. 217 of 2022
INSURANCE CO. LTD., KSCMF BUIDLING, III FLOOR III BLOCK, NO.8, CUNNINGHAM ROAD, BANGLAORE- 560 052 REPRESENTED BY ITS MANAGER
2. A.S.CHITTARANJAN MAJOR FATHER NAME AND AGE NOT KNOWN TO PETITIONER R/O NO. 559/2, 6TH CROSS P.J.EXTENSION, VIJAYALAKSHMI ROAD DAVANAGERE -577 002 …RESPONDENTS (R1- SERVED AND UNREPRESENTED V/O/D 3/12/2024 NOTICE TO R2 IS HELD SUFFICIENT)
THIS REVIEW PETITION FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED 08/08/2011 PASSED IN MFA NO. 9725/2010, THEREBY ALLOWING THIS REVIEW PETITION, THEREBY GIVE THE OPPORTUNITY TO THE PETITIONERS TO PROVE THAT THE DEATH IS IN CONSEQUENCE OF THE INJURIES, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ‘DISMISSAL’, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present review petition is filed seeking review of the compensation awarded in M.F.A No.9725/2010 dated 08.08.2011, whereby the court had partly allowed the appeal of the Insurance Company and reduced the compensation by Rs.2,84,000/- and held that the claimant is entitled for
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NC: 2025:KHC:13435 RP No. 217 of 2022
Rs.3,42,800/- with interest as against Rs.6,27,000/- as awarded by the tribunal. Seeking review of the said order, the present petition is filed.
2. It is stated that the award granted by the court is very less and the same needs modification. The 3rd and 4th petitioners were born on 12.09.2000, now they have attained majority. On verification, they came to know that the fact of the death of the injured, in consequence of the injuries was not placed on record. Even the fact of continuous bedridden has also not been placed on record. Since the injured was bedridden and the 1st petitioner lost all the source of income was not able to prosecute the case properly. In view of the same, rights of the minor has been affected. Due to lack of communication/instruction the fact of gangrene suffered by the injured has not been pleaded.
3. Earlier R.P No.27/2012 is dismissed, in spite of that the present petition came to be filed.
4. This Court has heard the counsel appearing for the petitioner and perused the grounds, none of the grounds raised
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NC: 2025:KHC:13435 RP No. 217 of 2022
by the petitioner are the grounds for reviewing the order that is passed in the year 2011. There are no merits in the petition. Accordingly this court is passing the following:
ORDER i. Accordingly, the review petition is dismissed. ii. All pending I.A., in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS List No.: 2 Sl No.: 6