- 1 - HC-KAR NC: 2025:KHC:33393 RP No. 194 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV REVIEW PETITION NO. 194 OF 2022 BETWEEN: 1. SRI VENKATESH BABU AGED ABOUT 62 YEARS, S/O D R ASHWATHAIAH SETTY 2. SMT D V SUDHAMANI AGED ABOUT 56 YEARS W/O D A VENKATESH BABU BOTH RESIDING AT: NEW SHRINAGAR BED HOUSE M G ROAD CHINTAMANI KOLAR DISTRICT … PETITIONERS (BY SRI. B R VISHWANATH., ADVOCATE) AND: 1. BAJAJ ALLIANZ GENERAL INSURANCE CO LTD NO.105/A CEARS PLAZA NO.136 RESIDENCY ROAD, BANGALORE-560 025 REPRESENTED BY ITS GENERAL MANAGER MANAGING DIRECTOR Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33393 RP No. 194 of 2022 2. SRI G V MADHUKAR MAJOR S/O G VENKATARAVANAPPA C/O H MASHTAIAH NO.153 I BLOCK II FLOOR DODDA BOMMASANDRA V V PURAM BANGALORE-560 097 … RESPONDENTS (BY SRI. O MAHESH., ADVOCATE FOR R1; V/O DATED 20.12.2024, NOTICE TO R2 IS HELD SUFFICIENT) THIS REVIEW PETITION IS FILED UNDER ORDER RULE 1 READ WITH SECTION 114 OF CPC, PRAYING TO REVIEW THE JUDGMENT DATED 29/05/2019 PASSED IN MFA NO. 9681/2011 AND SADDLE THE LIABILITY ON THE FIRST RESPONDENT INSURANCE COMPANY IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present review petition has been filed by the claimants. 2. Learned counsel for claimants submits that no finding is recorded insofar as liability is concerned. 3. Sri.O.Mahesh, learned counsel for Insurer would submit that the order was passed in MFA 9681/2011 by dispensing notice to the owner of the vehicle who was the - 3 - HC-KAR NC: 2025:KHC:33393 RP No. 194 of 2022 second respondent and such course ought not to have been resorted as liability before the Tribunal was on the owner and accordingly, the question of dispensing the notice and enhancing the compensation resulting in enhanced liability in the absence of owner the owner may not be proper course. 4. The submission of learned counsel for petitioners regarding absence of finding as regards liability to satisfy the enhanced compensation is a matter that requires consideration. 5. It is also to be noticed that notice is dispensed with as regards the owner. If liability were to be fastened on the owner as has been before the Tribunal, any order passed imposing liability on the owner in his absence appears to be an error apparent. 6. Taking note of non-adjudication regarding the aspect of liability in the appeal and also noticing that owner of the vehicle was not served in the appeal proceedings though served in the review proceedings, case is made out for review of the order passed in the Miscellaneous First Appeal. The order passed in MFA 9681/2011 dated 29.05.2019 could be stated to - 4 - HC-KAR NC: 2025:KHC:33393 RP No. 194 of 2022 be suffering from error apparent insofar as there is no finding regarding liability. 7. Accordingly, the judgment passed in MFA 9681/2011 dated 29.05.2019 is reviewed by recalling the order and restoring MFA 9681/2011 for fresh consideration while keeping open all contentions. 8. Needless to state, the observations made in the judgment in MFA 9681/2011 without notice to the owner would not be binding upon him and accordingly the matter requires fresh consideration. The observation made at an earlier point of time would not bind in the subsequent proceedings as the order dated 29.05.2019 is reviewed. 9. I.A.-1/2021 filed under Section 5 of the Limitation Act is allowed taking note of the grounds made out in the application while it is clarified that, in the event, the main appeal filed against the order of the Tribunal is allowed and compensation is enhanced, needless to state, the period of delay to be taken note of and in the event of enhancement of compensation, the claimant would not be entitled for such period of delay. It is also observed as rightly pointed out by - 5 - HC-KAR NC: 2025:KHC:33393 RP No. 194 of 2022 the Insurer, owner may have to be issued with fresh notice in the proceedings now restored. The matter to be listed before the appropriate roster Judge next week. Sd/- (S SUNIL DUTT YADAV) JUDGE NP