ANJANAPPA Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) In the instant petition, petitioners have sought for the following reliefs:-

(2.) The challenge raised in this writ petition is to the order dated 10.09.2012 passed in Misc. No.20/2007 by Additional Senior Civil Judge and JMFC., at Madhugiri, in exercising of powers under Order XLVII Rule 1 of CPC.

(3.) Mvc No.1010/1998 was filed under Section 166 of Motor Vehicles, Act 1988 (for short, MV Act) on the file of the Senior Civil Judge and JMFC., Madhugiri (for short, MACT) claiming compensation for a sum of Rs.4,00,000/- on account of death of petitioners son Hanumaiah in the Road Traffic Accident. MVC No.1010/1998 was allowed on 19.07.2007 while awarding compensation for a sum of Rs.2,14,000/-. Thus, the judgment and decree was passed. The respondent No.1 herein preferred a miscellaneous petition and it was numbered as Misc.No.20/2007 before the Additional Senior Civil Judge and JMFC., Madhugiri (MACT) seeking review of the judgment and award passed in MVC No.1010/1998 dated 19.07.2007 under Order LXVII Rule 1 read with Section 151 of CPC. Misc. No.20/2007 was allowed on 10.09.2012. Feeling aggrieved and dissatisfied with the order dated 10.09.2012, petitioners have presented this petition.