Karnataka High Court
Sanjeevkumar vs The Divisional Manager And Anr on 13 January, 2026
-1-
NC: 2026:KHC-K:201
RP No. 200015 of 2024
C/W RP No. 200037 of 2024
RP No. 200043 of 2024
HC-KAR AND 2 OTHERS
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R.NATARAJ
REVIEW PETITION NO.200015 OF 2024
C/W
REVIEW PETITION NO.200037 OF 2024
REVIEW PETITION NO.200043 OF 2024
REVIEW PETITION NO.200045 OF 2024
REVIEW PETITION NO.200048 OF 2024
IN RP No.200015/2024:
BETWEEN:
SNJEEVKUMAR
S/O SUBHASHCHANDERA DOSHETTY,
AGE: 44 YEARS,
Digitally signed OCC: BUSINESS AND OWNER OF TANKER,
by SACHIN BEARING NO.KA-32/C-4546,
Location: HIGH
COURT OF R/O: KAMALAPUR - 585 313,
KARNATAKA TALUKA AND DISTRICT KALABURAGI.
...PETITIONER
(BY SRI SHIVAKUMAR S.SIRI, ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
CENTURY COMPLEX, OPP. SANGAM THEATRE,
SUPER MARKET, KALABURAGI - 585 101.
REPRESENTED BY ITS ASST. MANAGER.
-2-
NC: 2026:KHC-K:201
RP No. 200015 of 2024
C/W RP No. 200037 of 2024
RP No. 200043 of 2024
HC-KAR AND 2 OTHERS
2. SMT. MAHADEVI
W/O LATE GANGADHAR SHEELVANT,
AGE: 50 YEARS,
OCC: HOUSEHOLD,
3. VIJAYLAXMI
W/O LATE GOURISHANKAR SHEELVANT,
AGE: 48 YEARS,
OCC: HOUSEHOLD,
4. MAHANTESH @ MAHANTU
S/O GANGADHAR SHEELVANT,
AGE: 36 YEARS,
OCC: AGRICULTURE,
5. MADIVALAPPA
S/O GANGADHAR SHEELVANT,
AGE: 49 YEARS,
OCC: AGRICULTURE,
ALL ARE R/O: VANE GALLI,
VAIRAG, TALUKA BARSHI,
DISTRICT SOLAPUR,
MAHARASHTRA - 413 402.
NOW R/O: NEAR SHAHABAZAR,
KALABURAGI - 585 103.
...RESPONDENTS
(BY SRI MOHD. ABDUL QUAYYUM, ADVOCATE FOR R1;
V/O DATED 13.01.2026 NOTICE TO R2 TO R5 ARE DISPENSED
WITH)
THIS REVIEW PETITION IS FILED UNDER SECTION 114
AND ORDER 47 RULES 1 OF THE CPC, PRAYING TO REVIEW
THE JUDGMENT AND AWARD DATED 05.07.2023 PASSED IN
MFA NO.200594/2020 (MVC) BY ALLOWING THE REVIEW
PETITION AND RESTORE THE APPEAL FOR DISPOSAL ON
MERITS, IN THE INTEREST OF JUSTICE AND EQUITY.
-3-
NC: 2026:KHC-K:201
RP No. 200015 of 2024
C/W RP No. 200037 of 2024
RP No. 200043 of 2024
HC-KAR AND 2 OTHERS
IN RP NO.200037/2024
BETWEEN:
SNJEEVKUMAR
S/O SUBHASHCHANDERA DOSHETTY,
AGE: 45 YEARS,
OCC: BUSINESS AND OWNER OF ASHOK HG
TANKER, BEARING NO.KA-32/C-4546,
R/O: KAMALAPUR - 585 313,
TALUKA AND DISTRICT KALABURAGI.
...PETITIONER
(BY SRI SHIVAKUMAR S.SIRI, ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
CENTURY COMPLEX, OPP. SANGAM THEATRE,
IIND FLOOR, SUPER MARKET,
KALABURAGI - 585 101.
REPRESENTED BY ITS ASST. MANAGER.
2. NAGARAJ MADIVALAPPA
@ MADOLAPPA SHEELVANT,
AGE: 22 YEARS,
OCC: STUDENT, NOW NIL,
R/O: VAIRAG, TALUKA BARSHI,
DISTRICT SOLAPUR,
MAHARASHTRA - 413 402.
...RESPONDENTS
(BY SRI MOHD. ABDUL QUAYYUM, ADVOCATE FOR R1;
V/O DATED 13.01.2026 NOTICE TO R2 IS DISPENSED
WITH)
THIS REVIEW PETITION IS FILED UNDER SECTION
114 AND ORDER 47 RULES 1 OF THE CPC, PRAYING TO
REVIEW THE JUDGMENT AND AWARD DATED 05.07.2023
PASSED IN MFA NO.201102/2022 (MVC) BY ALLOWING
THE REVIEW PETITION AND RESTORE THE APPEAL FOR
DISPOSAL ON MERITS, IN THE INTEREST OF JUSTICE AND
EQUITY.
-4-
NC: 2026:KHC-K:201
RP No. 200015 of 2024
C/W RP No. 200037 of 2024
RP No. 200043 of 2024
HC-KAR AND 2 OTHERS
IN RP NO.200043/2024
BETWEEN:
SNJEEVKUMAR
S/O SUBHASHCHANDERA DOSHETTY,
AGE: 45 YEARS,
OCC: BUSINESS AND OWNER OF ASHOK HG
TANKER, BEARING NO. KA-32/C-4546,
R/O: KAMALAPUR - 585 313,
TALUKA AND DISTRICT KALABURAGI.
...PETITIONER
(BY SRI. SHIVAKUMAR S. SIRI, ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
CENTURY COMPLEX, OPP. SANGAM THEATRE,
II ND FLOOR, SUPER MARKET,
KALABURAGI - 585 101.
REPRESENTED BY ITS ASST. MANAGER.
2. MAHANTESH @ MAHANTU
S/O GANGADHAR SHEELVANT,
AGE: 36 YEARS, OCC: BUSINESS, NOW NIL,
R/O: VANE GALLI, VAIRAG, TALUKA BARSHI,
DISTRICT SOLAPUR, MAHARASHTRA - 413 402.
NOW AT SHAHABAZAR, KALABURAGI - 585 101.
...RESPONDENTS
(BY SRI MOHD. ABDUL QUAYYUM, ADVOCATE FOR R1;
V/O DATED 13.01.2026 NOTICE TO R2 IS DISPENSED
WITH)
THIS REVIEW PETITION IS FILED UNDER SECTION
114 AND ORDER 47 RULES 1 OF THE CPC, PRAYING TO
REVIEW THE JUDGMENT AND AWARD DATED 05.07.2023
PASSED IN MFA NO.201103/2022 (MVC) BY ALLOWING
THE REVIEW PETITION AND RESTORE THE APPEAL FOR
DISPOSAL ON MERITS, IN THE INTEREST OF JUSTICE AND
EQUITY.
-5-
NC: 2026:KHC-K:201
RP No. 200015 of 2024
C/W RP No. 200037 of 2024
RP No. 200043 of 2024
HC-KAR AND 2 OTHERS
IN RP NO.200045/2024
BETWEEN:
SNJEEVKUMAR
S/O SUBHASHCHANDERA DOSHETTY,
AGE: 45 YEARS,
OCC: BUSINESS AND OWNER OF ASHOK HG
TANKER, BEARING NO. KA-32/C-4546,
R/O: KAMALAPUR - 585 313,
TALUKA AND DISTRICT KALABURAGI.
...PETITIONER
(BY SRI. SHIVAKUMAR S. SIRI, ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
CENTURY COMPLEX, OPP. SANGAM THEATRE,
II ND FLOOR, SUPER MARKET,
KALABURAGI - 585 101.
REPRESENTED BY ITS ASST. MANAGER.
2. NIRMALA
W/O LATE VIJAYKUMAR TUGAVKAR,
AGE: 44 YEARS, OCC: HOUSEHOLD,
3. TRUPTI
D/O LATE VIJAYKUMAR TUGAVKAR,
AGE: 22 YEARS, OCC: STUDENT,
BOTH RESIDENCE OF VANE GALLI,
VAIRAG, TALUKA BARSHI,
DISTRICT SOLAPUR, MAHARASHTRA - 413 402.
...RESPONDENTS
(BY SRI MOHD. ABDUL QUAYYUM, ADVOCATE FOR R1;
V/O DATED 13.01.2026 NOTICE TO R2 AND R3 IS
DISPENSED WITH)
-6-
NC: 2026:KHC-K:201
RP No. 200015 of 2024
C/W RP No. 200037 of 2024
RP No. 200043 of 2024
HC-KAR AND 2 OTHERS
THIS REVIEW PETITION IS FILED UNDER SECTION
114 AND ORDER 47 RULES 1 OF THE CPC, PRAYING TO
REVIEW THE JUDGMENT AND AWARD DATED 05.07.2023
PASSED IN MFA NO.200648/2020 (MVC) BY ALLOWING
THE REVIEW PETITION AND RESTORE THE APPEAL FOR
DISPOSAL ON MERITS, IN THE INTEREST OF JUSTICE AND
EQUITY.
IN RP NO.200048/2024
BETWEEN:
SNJEEVKUMAR
S/O SUBHASHCHANDERA DOSHETTY,
AGE: 45 YEARS,
OCC: BUSINESS AND OWNER OF ASHOK HG
TANKER, BEARING NO.KA-32/C-4546,
R/O: KAMALAPUR - 585 313,
TALUKA AND DISTRICT KALABURAGI.
...PETITIONER
(BY SRI. SHIVAKUMAR S SIRI, ADVOCATE)
AND:
1. THE DIVISIONAL MANAGER,
THE UNITED INDIA INSURANCE CO. LTD.,
CENTURY COMPLEX, OPP. SANGAM THEATRE,
II ND FLOOR, SUPER MARKET,
KALABURAGI - 585 101.
REPRESENTED BY ITS ASST. MANAGER.
2. GANESH @ GANAPATI
S/O SHIVRAJ SHEELVANT,
AGE: 46 YEARS,
OCC: BUSINESS, NOW NIL,
R/O: VANE GALLI VAIRAG,
TALUKA BARSHI, DISTRICT SOLAPUR,
MAHARASHTRA - 413 402.
NOW AT GUBBI COLONY,
-7-
NC: 2026:KHC-K:201
RP No. 200015 of 2024
C/W RP No. 200037 of 2024
RP No. 200043 of 2024
HC-KAR AND 2 OTHERS
KALABURAGI - 585 105.
...RESPONDENTS
(BY SRI MOHD. ABDUL QUAYYUM, ADVOCATE FOR R1;
V/O DATED 13.01.2026 NOTICE TO R2 IS DISPENSED
WITH)
THIS REVIEW PETITION IS FILED UNDER SECTION
114 AND ORDER 47 RULES 1 OF THE CPC, PRAYING TO
REVIEW THE JUDGMENT AND AWARD DATED 05.07.2023
PASSED IN MFA NO.201105/2022 (MVC) BY ALLOWING
THE REVIEW PETITION AND RESTORE THE APPEAL FOR
DISPOSAL ON MERITS, IN THE INTEREST OF JUSTICE AND
EQUITY.
THESE REVIEW PETITIONS COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.NATARAJ
ORAL ORDER
These review petitions are filed seeking review of the judgment dated 05.07.2023 passed in MFA Nos.200594/2020, 200648/2020, 201102/2022, 201103/2022 and 201105/2022.
2. The review petitioner in all these petitions is the owner of the offending vehicle which was involved in a road traffic accident occurred on 21.11.2017. This Court after noticing the defence of the insurer that the driver of -8- NC: 2026:KHC-K:201 RP No. 200015 of 2024 C/W RP No. 200037 of 2024 RP No. 200043 of 2024 HC-KAR AND 2 OTHERS the offending vehicle did not possess valid driving licence to drive a hazardous vehicle and taking note of the absence of the owner in the proceedings, held that the owner had not taken sufficient care by entrusting a hazardous vehicle to a person who was not authorized to drive it and had thereby violated the terms and conditions of the insurance policy. Therefore, this Court directed the insurer to pay and recover the compensation.
3. The review petitioner has now filed these petitions contending that in MFA Nos.200848/2024 and 200872/2024 which arose out of claim petitions from the same accident, the Division Bench of this Court had perused the driving licence and had held that the driver possessed a valid driving licence. It is therefore prayed that the judgment passed in the above appeals in so far as it relates to directing the insurer to pay and recover from the owner of the vehicle be modified.
4. The learned counsel for the petitioner reiterated the above contentions and submitted that in view of the -9- NC: 2026:KHC-K:201 RP No. 200015 of 2024 C/W RP No. 200037 of 2024 RP No. 200043 of 2024 HC-KAR AND 2 OTHERS finding already recorded by the Division Bench of this Court that the insurer is liable to pay the compensation as the driver of the vehicle possessed valid driving licence as on the date of the accident, the judgments passed in MFA Nos.200594/2020, 200648/2020, 201102/2022, 201103/2022 and 201105/2022 be reviewed and modified.
5. The learned counsel for the insurer does not dispute that the Division Bench of this Court while considering MFA Nos.200848/2024 and 200872/2024 had held that the insurer is liable to pay the compensation as the driver of the vehicle possessed valid driving licence.
6. In view of the above, the judgment dated 05.07.2023 passed by this Court in MFA Nos.200594/2020, 200648/2020, 201102/2022, 201103/2022 and 201105/2022 are modified and the insurer is directed to pay the compensation determined therein. This is however subject to payment of cost of Rs.1,00,000/-, payable by the petitioner herein to the High
- 10 -
NC: 2026:KHC-K:201
RP No. 200015 of 2024
C/W RP No. 200037 of 2024
RP No. 200043 of 2024
HC-KAR AND 2 OTHERS
Court Legal Services Committee, Kalaburagi Bench,
Kalaburagi within one week from today.
List on 12.02.2026 for compliance.
Sd/-
(R.NATARAJ) JUDGE BL List No.: 1 Sl No.: 1