UNITED INDIA INSURANCE CO.LTD., v. SMT. CHAITRA R.G.
RP/100135/2025 · 2025-11-28
S Sunil Dutt Yadav, Vijaykumar A Patil
Transfer Petitionbody2025
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[ 2025 DAILYLAW 59840 (KAR) · dailylaw.ai ]
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[ 2025 DAILYLAW 59840 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR 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 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
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HC-KAR NC: 2025:KHC-D:16758-DB RP No. 100135 of 2025
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
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HC-KAR NC: 2025:KHC-D:16758-DB RP No. 100135 of 2025
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.
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HC-KAR NC: 2025:KHC-D:16758-DB RP No. 100135 of 2025
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.
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HC-KAR NC: 2025:KHC-D:16758-DB RP No. 100135 of 2025
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