Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12808-DB RP No. 441 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REVIEW PETITION NO. 441 OF 2022 BETWEEN:
MASTER MANOJ N., S/O NARASIMHULU, AGED ABOUT 5 YEARS,
SINCE MINOR REPRESENTED, BY HIS FATHER AND NATURAL GUARDIAN NARASIMHULU, S/O LATE MUGALAPPA, AGED ABOUT 43 YEARS,
R/AT GOBBARAGUNTE VILLAGE, AVATHI POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.
PERMANENT ADDRESS:
NO.195, YANAGUNDI, SEDAM, GULBARGA DISTRICT, KARNATAKA - 585 214. …PETITIONER (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:12808-DB RP No. 441 of 2022
AND:
1. LAKSHMINARAYANA, S/O MUNIYAPPA, R/AT GOBBARAKUNTE VILLAGE, AVATHI POST, DEVANAHALLI TALUK, BENGALURU - 562 110.
2.
DILIP KUMAR, S/O. VENKATESH S.V., NO.26, THALADUMMANAHALLI VILLAGE, DEVARAMALLURU POST, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 105.
3.
ROYAL SUNDARAM ALLIANCE, REGIONAL OFFICE, NO.186/7, GROUND FLOOR, RAGHAVENDRA COMPLEX, OPP. TO BLUE DOT COURIERS, 1st CROSS, HOSUR MAIN ROAD, WILSON GARDEN, BENGALURU - 560 027. …RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R3, VIDE ORDER DATED 10.11.2023, NOTICE TO R1 & R2 IS DISPENSED WITH)
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING THIS HON'BLE COURT TO REVIEW THE ORDER DATED: 23.07.2021 PASSED IN MFA NO.1190/2021 BY ALLOWING THE REVIEW PETITION AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
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HC-KAR NC: 2026:KHC:12808-DB RP No. 441 of 2022
ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH)
The present review petition has been filed seeking review of the judgment and award dated 23.07.2021 passed by this Court in MFA.No.1190/2021 preferred by the review petitioner.
2. This Court, while disposing MFA.No.1190/2021, enhanced the compensation awarded by the Tribunal with Rs.1,00,000/- as both the sides consented for the same. Being aggrieved by the enhancement of compensation only by Rs.1,00,000/-, the review petitioner has approached the Supreme Court in SLP.No.20195/2021. The Supreme Court by the order dated 02.03.2022 dismissed the Special Leave Petition. However, a liberty was granted to the review petitioner to seek review of the
judgment and award dated 23.07.2021.
3. In pursuance to the liberty granted by the Supreme Court, the present review petition has been filed.
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HC-KAR NC: 2026:KHC:12808-DB RP No. 441 of 2022
We have already allowed the application filed by the review petitioner under Order 41 Rule 27 r/w Section 151 of CPC to bring on record the medical documents including discharge summary, case sheet summary, prescription of the Paediatric Surgery, Urodynamic Report issued by the Indira Gandhi Institute of Child Health, Bangalore, (State Government Medical Institution).
4. As the said medical record was not available before the Motor Accident Claims Tribunal as they are post
judgment and therefore, it would be appropriate to remand the matter back to the Motor Accident Claims Tribunal for passing a fresh award after taking into
consideration the medical evidence as adduced before this Court. We would like to request the Motor Accident Claims Tribunal to take a fresh decision in accordance with the law after taking all materials, including the medical record which has been produced, as expeditiously as possible within a period of three months. Needless to say any party aggrieved by the fresh decision of the Motor Accident
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HC-KAR NC: 2026:KHC:12808-DB RP No. 441 of 2022
Claims Tribunal may approach this Court in accordance with law by filing an appeal.
5. We also direct the Motor Accident Claims Tribunal that if it comes to the conclusion that some compensation is required to be awarded, the claimant would not be entitled for any interest from 23.07.2021 till today, as the period stated supra is attributable to the claimant.
6. With the aforesaid observations present review petition is disposed of.
Let the trial Court record be sent back.
The parties are directed to appear before the Motor Accident Claims Tribunal on 25.03.2026.
Sd/- (D K SINGH) JUDGE
Sd/-
(T.M.NADAF) JUDGE PK List No.: 2 Sl No.: 7