- 1 - HC-KAR NC: 2026:KHC:5748-DB RP No. 70 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REVIEW PETITION NO. 70 OF 2022 BETWEEN: 1. SRI. NAGANNA S/O DODDAMARAPPA, AGED ABOUT 65 YEARS, 2. SMT. LAKSHMAMMA W/O NAGANNA, AGED ABOUT 58 YEARS, 3. SMT. ANNAPOORNAMMA W/O JOGANNA, AGED ABOUT 42 YEARS, 4. SMT. BHAGYAMMA W/O VASANNA, AGED ABOUT 40 YEARS, ALL ARE R/AT KUNTAGANAHALLI, SIRA TALUK, TUMKUR-572 137 …PETITIONERS (BY SRI. RAMESH.K.R., ADVOCATE) - 2 - HC-KAR NC: 2026:KHC:5748-DB RP No. 70 of 2022 AND: 1. THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO. LTD., B.H.ROAD, TUMKUR, REP.BY ITS DEPUTY MANAGER, UNITED INDIA INSURANCE CO. LTD., REGIONAL OFFICE, NO.25, SHANKARANARAYANA BUILDING, M.G.ROAD, BANGALORE-560 001. 2. SRI. S.R.CHANDRA S/O A.SHANMUG, MAJOR M/S.KARTHIK RAJ EXPERTS, BALAJINAGAR, SIRA, TUMKUR-572 137. …RESPONDENTS (BY SRI. M.U.POONACHA., ADVOCATE FOR R1; R2-SERVED) *** THIS REVIEW PETITION IS FILED UNDER SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING THIS HONBLE COURT TO (A) REVIEW THE ORDER DATED 29/11/2010 PASSED BY THIS HON'BLE COURT IN MFA NO. 6999/2006 AND THEREBY RESTORE THE JUDGMENT AND AWARD PASSED BY THE TRIAL COURT, ETC. THIS REVIEW PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2026:KHC:5748-DB RP No. 70 of 2022 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present review petition has been filed seeking review of the common judgment and award dated 29.11.2010 passed by this Court in M.F.A.No.6999/2006 [hereinafter referred to as the “Impugned Judgment”]. 2. The review is filed with a delay of 4042 days in filing the review petition. 3. The deceased in M.V.C.No.667/2002 was a pillion rider and deceased in M.V.C.No.668/2002 was a rider of the Motor Bike which met with an accident on 23.10.2001. While they were riding a Hero Honda Motor Cycle bearing Registration No.KA-01/S-6545, and passing near NH-4 at about 6:30 p.m., one Lorry bearing Registration No.TN- 09/D-9297 allegedly hit them, as a result, the rider died on the spot and pillion rider sustained injuries and later succumbed to the injuries in the Government Hospital, Sira. - 4 - HC-KAR NC: 2026:KHC:5748-DB RP No. 70 of 2022 4. The dependents of the two deceased had filed two claim petitions in M.V.C.No.667/2002 and M.V.C.No.668/ 2002 before the learned Civil Judge (Sr.Dn.) and Additional MACT, Sira [hereinafter referred to as the “Tribunal”]. The learned Tribunal has awarded the compensation to the dependents of the pillion rider in M.V.C.No.667/2002, in a sum of Rs.2,25,000/- with interest at the rate of 6% per annum from the date of claim petition till the date of realization, by the common award dated 24.02.2006, passed in both M.V.C.No. 667/2002 and M.V.C.No.668/2002. This Court, by its judgment and award dated 29.11.2010 passed in M.F.A.No.6999/2006 (MV) and M.F.A.No.7000/2006 (MV) filed by the United India Insurance Company Limited/ respondent No.2 herein, had set aside the common judgment and award of the Tribunal dated 24.02.2006 passed in M.V.C.667/2002 and M.V.C.No.668/2002. - 5 - HC-KAR NC: 2026:KHC:5748-DB RP No. 70 of 2022 5. This Court, in the impugned judgment under review, found the involvement of the Lorry in question improbable and not established; therefore, the liability of the Insurer was set aside. 6. The claimants in M.V.C.No.668/2002 and respondents in M.F.A.No.7000/2006(MV) challenged the said common judgment passed by this Court dated 29.11.2010 before the Supreme Court in Civil Appeal No.3783/2012. The Supreme Court had set aside the judgment passed by this Court and restored the award passed by the Tribunal vide its judgment and award dated 24.02.2006. 7. The learned counsel for the review petitioners submits that once the judgment has been passed by the Supreme Court setting aside the common judgment dated 29.11.2010 passed by this Court and restored the award of the Tribunal, denying the benefit of the award to the review petitioners would be highly unjustified. As soon as - 6 - HC-KAR NC: 2026:KHC:5748-DB RP No. 70 of 2022 they have come to know of the setting aside of the common judgment passed by this Court dated 29.11.2010, the claimants in M.V.C.No.667/2002 have filed this review petition. It is further submitted that there cannot be two judgments in respect of the common award for one accident where two persons had died, where the dependents of one deceased would get the compensation and the dependents of the other deceased of the same accident and same common award would be denied, the benefit of the award of the Tribunal. It is further submitted that if this Court may deny the interest for the delayed period in filing the review petition. However, in the interest of justice, the judgment dated 29.11.2010 passed by this Court in M.F.A.No.6999/2006(MV) requires review. 8. We have considered the submissions of the parties. The facts, as stated above, are not in dispute. A common award was passed by the Tribunal in respect of the two Motor Vehicle Cases, which were filed by the dependents of the two deceased, who met with the accident and died. - 7 - HC-KAR NC: 2026:KHC:5748-DB RP No. 70 of 2022 Both the Miscellaneous First Appeals filed by the Insurance Company/respondent No.2 herein were allowed by this Court. The claimants/respondents in one M.F.A. i.e., M.F.A.No.7000/2006(MV), had gone to the Supreme Court and the Supreme Court has set aside the judgment passed by this Court. Since, it was a common judgment passed by this Court, once the judgment of this Court has been set side, the claimants in M.V.C.No.667/2002 would also be entitled for the compensation as awarded by the Tribunal in M.V.C.No.668/2002. We, therefore, condone the delay of 4042 days in filing the review petition and allow this review petition and restore the award passed by the Tribunal in M.V.C.No.667/2002. However, the interest for the delayed period of 4042 days in filing the review petition shall not be awarded to the claimants. 9. The Insurance Company is directed to deposit the amount of compensation of Rs.2,25,000/- along with interest at 6% per annum, from the date of filing of M.V.C.No.667/2002 till 29.12.2010 within a period of four - 8 - HC-KAR NC: 2026:KHC:5748-DB RP No. 70 of 2022 weeks from today. Thus, the review petition stands allowed. All pending applications stand closed. 10. On deposit of the compensation by the Insurance Company, as directed above, the entire amount shall be released in favour of the claimants by the Tribunal, on proper verification. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE BMV* List No.: 2 Sl No.: 12 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA