Karnataka High Court

RP/100135/2025 of UNITED INDIA INSURANCE CO.LTD., Vs SMT. CHAITRA R.G. on 28 November 2025

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NC: 2025:KHC-D:16758-DB RP No. 100135 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL REVIEW PETITION NO. 100135 OF 2025 BETWEEN: UNITED INDIA

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 28TH DAY OF NOVEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

REVIEW PETITION NO. 100135 OF 2025

BETWEEN:

UNITED INDIA INSURANCE CO.LTD.

CBI MAIN ROAD, GANGAGAR

R T NAGAR POST, BANGALORE 562 117

DIVISIONAL MANAGER

…PETITIONER

(BY SMT.ASAMA MAKANDAR, ADVOCATE)

AND:

1.

SMT. CHAITRA R G

W/O LATE SWAROOP MAHDEVAYYA

D/O RACHAYYA GUTTARGIMATH

AGE. 32 YEARS, SOFTWARE ENGINEER

R/O. SHASTRI NAGAR, 1 CROSS

WARD NO. 35, TGB COLONY

BALLARI, 580 024

2.

SHUBERA SINGH S/O GOPAL SINGH

AGED. 53 YEARS, OCC. DRIVER

R/O. KATRALA, CHITRADURGA- 577501

3.

BYRAHANUMAIAH

S/O LATE BYRE GOWDA

MAJOR, OWNER OF TATA SUMO

BEARING NO. KA-01/B-7748

R/O. THOPPAGANAHALLI

Digitally signed

by RUPA V

Location: High

Court Of

Karnataka

HC-KAR

RYASANDRA HOBLI

KANAKAPUR, RAMANAGARA - 562 117

4.

MAHADEVAYYA MATPATI

S/O SIDDAYYA, MAJOR

R/O. D.NO. 168

B KALPARUKSHA

VANI SRINGERI NAGAR

1ST CROSS, BEHIND EVERFINE

SUPER MARKET, BEGURU POST

BENGALURU 560 068

5.

SMT. JAYASHREE

W/O MAHADEVAYYA MATPATI

MAJOR, R/O. D. NO. 168 B

KALPARUKSHA

VANI SRINGERI NAGAR

1 CROSS, BEHIND EVERFINE

SUPER MARKET, BEGUR POST

BENGALURU 560 068

…RESPONDENTS

- - -

THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE

1 READ WITH SECTION 114 OF CPC AND U/S 173(1) OF THE MV

ACT 1988, PRAYING TO REVIEW JUDGMENT DATED 25.09.2025

PASSED BY THIS HONBLE COURT IN MFA NO.100833/2020 ON

THE FILE OF THIS HONBLE COURT IN THE INTEREST OF JUSTICE

AND MODIFY THE COMPENSATION ASSESSED BY THEM BY

REDUCING THE COMPENSATION TO JUST LEVEL IN THE

INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT MADE THE FOLLOWING:

CORAM:

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

HC-KAR

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

This review petition is filed seeking to review the judgment dated 25.09.2025 passed by this Court in MFA No.100833/2020.

2. Smt.Preeti Shashank, learned counsel for the review petitioner submits that the deceased was neither a permanent employee nor a Government employee. Hence, the award of compensation under the head of 'future prospects' should be 40% and not 50%. It is submitted that there is an error in calculating the total income of the deceased in paragraph 11 of the judgment. Hence, she seeks review.

3. We have heard the arguments of the learned counsel for the review petitioner and perused the order under review.

HC-KAR

4. Paragraph 10 of the judgment clearly indicates that the deceased was working in Bristlecone India Limited and drawing monthly salary as per Ex.P9. This Court has also noticed that the claimants have produced the income tax returns. After considering the documentary evidence on record, 50% was added under the head of 'loss of future prospects' by considering the deceased as a permanent employee. The contention of the review petitioner that no evidence is produced, is required to be rejected. The further contention that there is an error in calculation with regard to the total salary of the deceased, is also required to be rejected as this Court, considering the details of income which is referred in paragraph 10, has assessed the total income at Rs.10,46,940/- and has awarded compensation. The contentions urged by the learned counsel for the review petitioner cannot be termed as an error apparent on the face of the record to review the judgment. No grounds are made out.

HC-KAR

Accordingly, the review petition is dismissed. Consequently, the pending application stands disposed of.

Sd/- (S.SUNIL DUTT YADAV) JUDGE

Sd/- (VIJAYKUMAR A.PATIL) JUDGE

RV List No.: 19 Sl No.: 2

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