NANJUNDA T.B. Vs. T.P.BHEEMAIAH

JUDGEMENT

(1.) This review petition is filed under Order 47 Rule 1 of CPC praying this Court to review the order dtd. 14/6/2021 passed by this Court in M.F.A.No.1583/2013 (MV) and pass any other order/s as this Court deems fit in the facts and circumstances of the case.

(2.) The factual matrix of the case of the prosecution is that respondent No.2 has filed an appeal in M.F.A.No.1583/2013 (MV) challenging the judgment and award dtd. 31/7/2012 passed in MVC No.5/2011 on the very ground that while awarding the compensation, the trial Judge considered the medical expenses of Rs.2,04,366.00 and ought not to have done the same. As per Schedule II of the IMV Act, the maximum limit of medical expenses is only Rs.15,000.00. This Court vide order dtd. 14/6/2021 allowed the appeal in part filed by the Insurance Company in MFA No.1583/2013 and modified the judgment and reduce the compensation to Rs.5,06,000.00 as against Rs.6,95,366.00. Being aggrieved by the judgment and order, the present review petition is filed.

(3.) The main contention in the review petition is that the claimant is entitled for just and reasonable compensation. That apart the injury suffered by the petitioner herein is nothing but 100% disability. This Court committed an error in reducing the medical expenses. Apart from that, this Court ought to have considered the appeal even though in the absence of the appeal filed by the victim ought to have exercised under Order 41 Rule 33 of CPC. It is also the contention that the claimant is totally disabled and disability is taken only 75% even though the claimant disability is assessed at 85%. Hence, prayed this Court to modify the judgment and order.