The Branch Manager vs B.Prasad Son Of B. Pedda Hanumantha on 3 July, 2024

[Cites 2, Cited by 0]

Karnataka High Court

The Branch Manager vs B.Prasad Son Of B. Pedda Hanumantha on 3 July, 2024

Bench: N.S.Sanjay Gowda

                                       -1-
                                              NC: 2024:KHC-D:9117
                                                 RP No. 100027 of 2022




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                      DATED THIS THE 3RD DAY OF JULY, 2024

                                     BEFORE
                   THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                      REVIEW PETITION NO. 100027 OF 2022
                                       IN
                 MISCELLANEOUS FIRST APPEAL NO.101297 OF 2020

            BETWEEN:

            1.    THE BRANCH MANAGER
                  M/S. TATA AIG INSURANCE COMPANY LTD.,
                  COSMOPOLITAN CLUB DOUBLE ROAD
                  BALLARI-583 101.

                                                      ...PETITIONER

            (BY SRI. G. N. RAICHUR., ADVOCATE)

            AND:

            1.    B. PRASAD SON OF B PEDDA HANUMANTHA
                  AGED ABOUT 20 YEARS,
Digitally         OCC. STUDENT-CUM COOLIE
signed by         RESIDENT OF MADENAHALLI VILLAGE RAYADURGA
KIRAN
KUMAR R           TALUK ANANTHPUR DISTRICT
Location:         NOW RESIDING AT HALAKUNDI VILLAGE
HIGH              BALLARI TALUKA AND DISTRICT-583 101.
COURT OF
KARNATAKA
            2.    B. NAGARAJA
                  SON OF B. DURGAPPA
                  AGED ABOUT 52 YEARS,
                  OCC. DRIVER OF AUTO BEARING
                  TEMP.NO.KA-34/TR001488/2017-18
                  RESIDENT OF PANDURANGA
                  BEEDI ANJINEYA TEMPLE .W.NO.12
                  RUPANAGUDI ROAD,
                  BALLARI-583 101
                            -2-
                                 NC: 2024:KHC-D:9117
                                      RP No. 100027 of 2022




3.   THURUPINTI OBAYYA
     SON OF THURPINTI BASANNA
     AGED ABOUT 42 YEARS,
     OCC. OWNER AUTO BEARING
     TEMP.NO.KA-34/TR001488/2017-18
     RESIDENT AT BADANAHATTI VILLAGE,
     KURUGODU POST,
     BALLARI TALUKA DISTRICT-583 101.

                                           ...RESPONDENTS

(R-2 SERVED AND UNREPRESENTED)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE (1) (a)READ WITH SECTION 114 OF CPC, 1908, PRAYING
TO,CALL FOR THE RECORDS AND HEAR THE PARTIES AND TO
BY REVIEWING THE ORDER DATED 28.01.2021 PASSED BY
THIS HONBLE COURT IN MFA NO.101297/2020(M.V) AND THE
APPEAL MAY KINDLY BE RESTORED TO FILE BY OVER RULING
THE     OFFICE    OBJECTIONS     RAISED      REGARDING
MAINTAINABILITY BY ALLOWING THIS REVIEW PETITION IN
THE ENDS OF JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                         ORDER

1. The appeal was dismissed on the ground that as per the amended provisions of Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act'), the appeal would not be maintainable, as the value of the subject matter of appeal was less than Rs.1,00,000/-. -3-

NC: 2024:KHC-D:9117 RP No. 100027 of 2022

2. It is noticed that the said amendment to the Act came into effect only from 01.04.2022, and it is therefore obvious that the appeal was maintainable.

3. Consequently, the order dated 28.01.2021 is recalled and the appeal is restored to file for being considered on merits.

4. The review petition is accordingly allowed.

Sd/-

JUDGE RK List No.: 19 Sl No.: 1

Unlock Advanced Research with PRISMAI

Karnataka High Court