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2025 DAILYLAW 64978 (KAR)

THE BRANCH MANAGER v. SMT SUMITRA W/O. MARALING URF MARALINGAPPA MANAPPAGOL

RP/100179/2024 · 2025-09-18

Vijaykumar A Patil

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12583 RP No. 100179 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL REVIEW PETITION NO. 100179 OF 2024 BETWEEN: THE BRANCH MANAGER, BHARTI AXA GIC LTD., THROUGH ITS BRACH OFFICER, MAIN ROAD, TILAKWADI, BELAGAVI-590006. …PETITIONER (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE) AND: 1. SMT. SUMITRA W/O. MARALING @ MARALINGAPPA MANAPPAGOL, AGE: 41 YEARS, OCC: HOUSEHOLD WORK. 2. REKHA D/O. MARALING @ MARALINGAPPA MANAPPAGOL, AGE: 19 YEARS, OCC: STUDENT. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12583 RP No. 100179 of 2024 3. MASTEER MAHANTESH S/O. MARALING @ MARALINGAPPA MANAPPAGOL, AGE: 22 YEARS, OCC: STUDENT, ALL ARE R/O. PARAMESHWAR MARADI, SHINDIKURBET, TQ: GOKAK, DIST. BELAGAVI-591306. 4. VITHAL YAMANAPPA SANNAKKI, AGE: MAJOR, OCC: AGRICULTURE, R/O. HARIJAN GALLI, SHINKIKURBET, TQ. GOKAK. DIST. BELAGAVI-591306. …RESPONDENTS THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE (1) OF CPC, PRAYING TO REVIEW THE ORDER DATED 07.03.2024 IN MFA NO.102566/2017 AND THIS HON’BLE COURT MAY PASS ANY SUCH ORDERS AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE COSTS OF THE ABOVE PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12583 RP No. 100179 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) Sri Nagaraj C.Kolloori, learned counsel appearing for the petitioner vehemently contended that this Court has committed grave error in confirming the award of compensation under the conventional head, which is contrary to settled principles of law, which is an error apparent on the face of record. Hence, he seeks to allow the review petition. 2. I have heard the arguments of learned counsel for the petitioner and perused the material on record. 3. The primary contention of the petitioner/Insurance Company is that the award of compensation by the Tribunal under the head of loss of consortium and loss of estate is incorrect. The said contention is adverted by this Court in para 11 of the judgment, wherein it is recorded that the petitioner/ Insurance Company has not challenged the award and they have satisfied the award. Hence, I do not find any error in the judgment calling for interference. Accordingly, review petition is dismissed. - 4 - HC-KAR NC: 2025:KHC-D:12583 RP No. 100179 of 2024 4. In view of disposal of review petition, I.A.No.1/2025 is also dismissed. Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 4