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2025 DAILYLAW 33179 (KAR)

BHARATHI AXA GENERAL ASSURANCE CO LTD v. SMT. RADHA

RP/535/2024 · 2025-04-03

Jyoti Mulimani

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14272 RP No. 535 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REVIEW PETITION NO. 535 OF 2024 BETWEEN: BHARATHI AXA GENERAL INSURANCE CO. LTD., NO.32951/A D 29/1, 1ST FLOOR, TEMPLE ROAD, KALIDASA CIRCLE, V.V. MOHALLA, MYSORE-570 002, BY ITS MANAGER. … PETITIONER (BY SRI. ANUP SEETHARAM RAO, ADVOCATE) AND: 1. SMT. RADHA, AGED ABOUT 36 YEARS, W/O MR. SWAMYGOWDA, RESIDING AT ILLENAHALLI VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434. 2. UMESH K.S., MAJOR IN AGE S/O SRI. SWAMYGOWDA, RESIDENT OF KADABA VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434. … RESPONDENTS (BY SRI. GURUDEV PRASAD K.T., ADVOCATE FOR R1; SRI. VASANTHAPPA, ADVOCATE FOR R2) THIS REVIEW PETITION IS FILED UNDER SECTION 47 RULE 1 READ WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14272 RP No. 535 of 2024 THIS REVIEW PETITION IS LISTED FOR FURTHER ORDERS, SITTING AT DHARWAD BENCH, THROUGH VIDEO CONFERENCING, THIS DAY AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Anup Seetharam Rao., counsel for the petitioner, Sri.Gurudev Prasad K.T., counsel for respondent No.1 and Sri.Vasanthappa., counsel for respondent No.2 appeared through video conferencing. 2. The captioned Review Petition is filed seeking to call for records pertaining to MFA. No.5258/2016 and to review the judgment dated 01.03.2024. 3. Counsel appearing for the respective parties jointly submits that there is slight error that has crept in page No.6 at paragraph No.3 of the operative portion of the judgment passed by this Court on 01.03.2024. They would jointly submits that the same may be rectified by ordering the second respondent – Insurance Company to pay and deposit the entire compensation amount including the enhanced compensation amount with 6% interest within a period of two months from the receipt of the certified copy of this judgment. 4. The joint submission made by counsel for the respective parties is placed on record. - 3 - NC: 2025:KHC:14272 RP No. 535 of 2024 Perused the judgment with care. An error has crept in as stated by the respective counsel. Hence, this Court deems it proper to dispose of the Review Petition directing the second respondent – Insurance Company to pay and deposit the entire compensation amount including the enhanced compensation amount with 6% interest within a period of two months from the receipt of the certified copy of this judgment. 5. Resultantly, the Review Petition is disposed of. 6. The Registry concerned is hereby directed to draw a modified award accordingly. Because of the disposal of the Review Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 19 SL NO.: 1