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2025 DAILYLAW 30695 (KAR)

ORIENTAL INSURANCE CO LTD v. SRI. KUMAR

RP/511/2019 · 2025-04-07

Mohammad Nawaz

Review Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:14775 RP No. 511 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ REVIEW PETITION NO. 511 OF 2019 IN M.F.A.NO.1440/2013 BETWEEN: ORIENTAL INSURANCE CO, LTD., SHUBASH NAGAR, HASSAN, NOW BY REGIONAL OFFICE: LEO SHOPPING COMPLEX, 44/45, RESIDENCY ROAD, BANGALORE - 560 025 (REPRESENTED BY ITS DIVISIONAL MANAGER J BASAVARAJ) …PETITIONER (BY SRI. M. ARUN PONAPPA, ADVOCATE) AND: 1. SRI. KUMAR AGED 35 YEARS S/O LATE PUTTASWAMY GOWDA HYRANE, KATTAYA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201 2. SRI. B. GIRISH, MAJOR, S/O LATE BELUREGOWDA NAGANAHALLI, SHANTIGRAMA HOBLI, HASSAN TALUK - 573 201 …RESPONDENTS (R1 AND R2 ARE SERVED BUT UNREPRESENTED) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14775 RP No. 511 of 2019 THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO CALL FOR RECORDS AND TO REVIEW THE ORDER DATED 08.04.2019 PASSED IN, MFA NO.1440/2013 ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BENGALURU. THIS REVIEW PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER MFA No.1440/2013 was dismissed by this Court vide judgment dated 08.04.2019, placing reliance on the judgment of Hon'ble Apex Court in the case of 'Mukund Dewangan Vs. Oriental Insurance Company Limited'1. 2. Instant review petition is filed on the ground that Mukund Dewangan (supra) case was referred to larger Bench and the vehicle in question, which was involved in the accident, does not qualify to be a Light Motor Vehicle (for short 'LMV'). 3. Before the Tribunal, it was not established that the vehicle in question was not qualified to be a LMV. Be that as it 1 AIR 2017 SCC 663 - 3 - NC: 2025:KHC:14775 RP No. 511 of 2019 may, the Hon'ble Apex Court in 'M/s. Bajaj Allianz General Insurance Company Limited Vs. Rambha Devi' and others disposed on 06.11.2024 has up held the decisions in Mukund Dewangan (supra). 4. Hence, the review petition is dismissed. Consequently, IA No.1/2019 and IA No.2/2019 are disposed of. If any amount is in deposit before this Court, same shall be transmitted to the tribunal. Sd/- (MOHAMMAD NAWAZ) JUDGE BH List No.: 1 Sl No.: 7