- 1 - HC-KAR NC: 2025:KHC-K:6861-DB RP No. 200016 of 2025 IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH DATED THIS THE 14TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE ASHOK S. KINAGI AND THE HON'BLE MR. JUSTICE RAJESH RAI K REVIEW PETITION NO. 200016 OF 2025 BETWEEN: THE MANAGER, CHOLA-MS GENERAL INSURANCE CO. LTD UNIT-4, 4TH FLOOR (LEVER-6), INDUSTRIAL SUBRIB (GUBRIB), RAJAJI NAGAR, 4TH BLOCK, BANGALORE-10. …PETITIONER (BY SRI. SUBHASH MALLAPUR, ADVOCATE) AND: 1. MALLAMMA W/O GURURAJ MATHIMOOD AGE 54 YEARS, OCC: H. HOLD 2. GURURAJ S/O BHIMSHA MATHIMOOD AGE 47 YEARS, OCC: BUSINESS, BOTH R/O PLOT NO.45, CIB COLONY, KALABURAGI-585 202. 3. GURURAJ S/O BHIMSHA MATHIMOOD AGE 49 YEARS, OCC: OWNER OF VEHICLE, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:6861-DB RP No. 200016 of 2025 R/O PLOT NO.45, CIB COLONY, KALABURAGI-585 202. …RESPONDENTS (BY SMT. SHARADA PATIL KULGERI, ADVOCATE FOR R1 & R2 NOTICE TO R3 IS DISPENSED WITH) RP FILED U/O 47 RULE 1 R/W SEC 114 OF THE CPC, BY THE ADVOCATE FOR REVIEW PETITIONER PRAYING THAT THIS HONOURABLE COURT TO, ALLOW THE REVIEW PETITION AND BE PLEASED TO REVIEW THE JUDGEMENT DATED 18.07.2024 PASSED BY THIS HONOURABLE COURT IN MFA NO. 200776/2018 AND ALLOW THE APPEAL IN PART IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI AND HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER (PER: HON'BLE MR. JUSTICE ASHOK S. KINAGI) The petitioner has filed this review petition to review the judgment dated 18.07.2025 passed in MFA.No.200776/2018. It is stated that while dismissing the appeal, this Court has not considered that the Tribunal despite applying the National Insurance Co. Ltd vs. Pranay Sethi reported in AIR (2017) SC 5157, by oversight has awarded 50% towards future prospects, instead of 40% and the said error had been - 3 - HC-KAR NC: 2025:KHC-K:6861-DB RP No. 200016 of 2025 intimated to the respondent-claimants. Hence, he seeks review of the judgment dated 18.07.2024 passed in MFA No.200776/2018. 2. Learned counsel for the parties jointly filed a joint memo, which reads as under:- "The appeal bearing MFA No.200776/2018 has been filed by the appellant Insurance Company challenging the quantum of compensation against the Judgment and award passed in MVC No.819/2013 on the file of Principal Senior Civil Judge & MACT Kalaburagi. The appeal filed by the Insurance Company was dismissed, however the Hon'ble Court despite applying Pranay Sethi case by oversight had awarded 50% future prospects instead of 40%, this error was intimated to the respondents/claimants. The Respondents have agreed to receive the compensation calculated by taking the future prospects at 40% under the head of loss of dependency and the appellant insurance company has agreed to pay a sum of Rs. 36,97,747/- towards loss of dependency and in total a sum of - 4 - HC-KAR NC: 2025:KHC-K:6861-DB RP No. 200016 of 2025 Rs.37,37,747/- (Rs. Thirty Seven Lakhs Thirty Seven Thousand Seven Hundred Forty Seven only) with. interest till date of realization as final settlement of the claim. The appellant has agreed to deposit the said amount before the Tribunal within a period of six weeks from the date of the receipt of this memo for Cholamandalam M.S. General Insurance Co.Ltd." 3. The joint memo is taken on record. 4. The review petition is disposed of in terms of the joint memo. 5. Learned counsel for the respondents submits that the insurance company has already deposited an amount of Rs.61,01,649/- and the respondents had withdrawn the award amount. The said submission is placed on record. SD/- (ASHOK S. KINAGI) JUDGE SD/- (RAJESH RAI K) JUDGE CR/List No.: 19 Sl No.: 2