- 1 - HC-KAR NC: 2025:KHC-K:6185-DB R.P. No.200094/2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REVIEW PETITION NO.200094/2024 BETWEEN: THE BRANCH MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., SITUATED AT 3RD FLOOR A.K. ASIAN GRAND OPP. GESCOM OFFICE STATION ROAD, KALABURAGI 549102. …PETITIONER (BY SRI. SUDARSHAN M, ADV.,) AND: 1. POOJA W/O LATE MOULAPPA AGE 24 YEARS OCCUPATION HOUSEWIFE. 2. LAXMAN S/O LATE MOULAPPA AGE 8 YEARS OCCUPATION STUDENT. 3. ANITHA @ ANITA D/O LATE MOULAPPA AGE 6 YEARS OCCUPATION NIL. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:6185-DB R.P. No.200094/2024 4. NARESH S/O LATE MOULAPPA AGE 3 YEARS OCCUPATION NIL. RESPONDENT NOS.2, 3, 4 ARE MINORS U/G OF THEIR MOTHER I.E. CLAIMANT NO.1 ALL ARE RESIDENT AT MASDODDI VILLAGE TALUK AND DISTRICT RAICHUR. 5. SURYAKANTH S/O KHANDOBA AGE 38 YEARS OCCUPATION DRIVER OF ASHOK LEYLAND LORRY REG NO. MH-10/AQ-4016 RESIDENT AT BHAVANI NAGAR KALABURAGI 549103. 6. SAGAR S/O BASAVARAJ MAJOR, OCCUPATION OWNER OF ASHOK LEYLAND LORRY REG NO. MH-10/AQ-4016 RESIDENT AT SALGAR, V K 549316 DISTRICT KALABURAGI. …RESPONDENTS (BY SRI. SANGANAGOUDA V. BIRADAR, ADV.,) THIS R.P. IS FILED UNDER ORDER XLVII RULE 1 R/W SECTION 114 OF THE CPC, PRAYING TO REVIEW AND RECALL THE JUDGMENT PASSED IN M.F.A.NO.202104/2024 ORDER DATED 19.09.2024 BY THIS HONOURABLE COURT ON MERITS TO MEET THE ENDS OF JUSTICE & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC-K:6185-DB R.P. No.200094/2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This review petition is filed seeking review of the judgment and award passed in MFA No.202104/2024 dated 19.09.2024. 2. Heard. 3. Sri.Sudarshan M.M, learned counsel appearing for the petitioner submits that this Court, on appreciation of the submissions and the material on record, has recorded a finding at paragraph 16 by considering the submission at paragraph 9, ordered to pay the compensation and recover the same from the owner of the vehicle. It is submitted that the petitioner- Insurance Company, on verification found that the driver of the offending lorry was holding an effective driving licence. Hence, he seeks to review the judgment. 4. Per contra, Sri.Sanganagouda V.Biradar, learned counsel appearing for the claimants submits that by allowing the review petition, no prejudice would be caused to the petitioner as well as the respondent as the review petitioner - 4 - HC-KAR NC: 2025:KHC-K:6185-DB R.P. No.200094/2024 itself is accepting the liability. He also supports passing of appropriate orders. 5. We have heard the arguments of the learned counsel for the review petitioner and the learned counsel for the respondents. 6. At the outset, we notice that in paragraphs 7 and 8 of the review petition, the petitioner has specifically made a statement that the review petitioner-Insurance Company found that the driver of the offending lorry was having an effective driving license on the date of accident. 7. In view of the said assertion in the grounds of the review petition, the judgment dated 19.09.2024 passed in MFA No.202104/2024 is reviewed only to the extent of the direction to pay and recover referred at paragraph 16 and the operative portion of the order. 8. In view of the aforesaid order, the order in MFA No.202104/2024 shall be read as under: "a) The appeal is allowed-in-part. - 5 - HC-KAR NC: 2025:KHC-K:6185-DB R.P. No.200094/2024 b) The impugned judgment and award passed by the Tribunal in MVC No.549/2022 dated 10.01.2024 awarding compensation at Rs.36,21,192/- with interest at the rate of 6% per annum is hereby confirmed. c) The appellant - Insurance Company is directed to deposit the compensation amount within a period of eight weeks from today. d) The Tribunal is directed not to levy interest on the future prospects. e) Registry to transmit the statutory deposit to the Tribunal forthwith." Accordingly, the review petition is disposed of. 9. In view of the disposal of the review petition, pending application is also disposed of. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 19 Sl No.: 2