- 1 - NC: 2025:KHC:5679 RP No. 184 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO.184 OF 2023 BETWEEN: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., SALDANHA BUILDING, BRIDGE ROAD, BALMATTA MANGALURU TALUK, D.K. DISTRICT-575001. …PETITIONER (BY SRI SRISHAILA S., ADVOCATE) AND: 1. MRS KANCHANA KANTHA NAIK W/O. LATE KANTA YASHWANT NAIK, AGED ABOUT 58 YEARS, R/AT 28, MARUTI NAGAR SHIRWAD, KARWAR, UTTARA KANNADA-581301. 2. MRS SHRINIDHI S.MALLYA W/O. SRIKANTH V.MALLYA, MAJOR, R/AT NO.1-13/2, VISHWA VIMAL BEHIND A J HOSPITAL, BAREBAILU, MANGALURU TALUK, D.K.-57500. …RESPONDENTS (BY SRI G. RAVISHANKAR SHASTRY, ADVOCATE FOR R1; R2-SERVICE OF NOTICE DISPENSED WITH) THIS REVIEW PETITION IS FILED UNDER ORDER 47, RULE 1 R/W SECTION 114 OF THE CPC, PRAYING TO ALLOW THE REVIEW PETITION AND REVIEW THE JUDGMENT DATED 14.12.2022 PASSED IN MFA NO.6796/2018 AND GRANT SUCH OTHER AND FURTHER RELIEFS AS IS DEEMED FIT AND PROPER TO BE GRANTED UNDER THE CIRCUMSTANCES OF THE CASE. THIS REVIEW PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5679 RP No. 184 of 2023 ORAL ORDER Though the matter is listed for hearing on interlocutory application, with the consent of learned counsel for both the parties, it is taken up for final disposal 2. This Court on 14.12.2022 has disposed off the appeal, thereby, modifying the judgment and award to the extent that the deceased has contributed 10% negligence and driver of the car has contributed 90% negligence to the accident. 3. Further, it was modified to the extent regarding quantum of compensation by enhancing the quantum to Rs.14,80,920/- as against Rs.10,58,800/-. The modification of percentage of negligence is discussed in paragraph No.9 of the judgment and also regarding the quantum is discussed at paragraph Nos.15 and 16, but it is not observed in paragraph No.16 of the judgment that the claimant is entitled to 90% of Rs.14,80,920/-. Therefore, this review petition is liable to be allowed by observing that the claimants are entitled to 90% of - 3 - NC: 2025:KHC:5679 RP No. 184 of 2023 Rs.14,80,920/-. Accordingly, the judgment and award dated 14.12.2022 is modified to the extent that the claimant is entitled to 90% of Rs.14,80,920/-. 4. Further, in paragraph No.15, in chart at column No.1, the figure is wrongly mentioned as 50% but it ought to be 40%. Hence, it is corrected as 40% in column No.1, at paragraph No.15. 5. Accordingly, review petition is disposed off. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 19 Sl No.: 1