- 1 - HC-KAR NC: 2025:KHC:36645 RP No. 588 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO.588 OF 2022 BETWEEN: SRI JAYASHEELA SHETTY S/O SUBBANNA SHETTY AGED ABOUT 32 YEARS R/O. ANGALLI MANE YELLUR GOLIHOLE POST KUNDAPURA TALUK UDUPI DISTRICT. …PETITIONER (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI NAGARAJ SHETTY S/O SUBBANNA SHETTY AGE MAJOR R/O SRI MOOKAMBIKA NILAYA YELLUR VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT. 2. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE SRI LAXMI NARASIMHA COMPLEX OPP: KSRTC DEPOT NH-66, VADERHOBLI KUNDAPURA TALUK UDUPI DISTRICT-576 201 REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2; R1 IS SERVED) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36645 RP No. 588 of 2022 THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE FILE IN MFA NO.5487/2017 BY THIS HON’BLE COURT AND THE RECORDS IN MVC NO.203/2015 BY THE SR. CIVIL JUDGE AND ADDL. MACT AT KUNDAPURA AND AFTER PERUSING THE RECORDS, THIS HON’BLE COURT BE PLEASED TO REVIEW THE ORDER DATED 02/06/2022, PASSED BY THIS HON’BLE COURT IN MFA NO. 5487/2017, WHICH IS PRODUCED ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL ORDER The Review Petition is filed by the petitioner/claimant with a plea that the claimant has suffered 35% of functional disability, but the additional income under the head loss of future prospects in life is not added. Therefore, for making addition of income towards loss of future prospects in life, the Review Petition is filed. 2. Learned counsel for the respondents vehemently opposed the review petition and submitted that there is no error apparent found on the face of the record; therefore, it is submitted that the review petition - 3 - HC-KAR NC: 2025:KHC:36645 RP No. 588 of 2022 cannot be entertained. Hence, prays to dismiss the review petition. 3. Upon considering the quantum of compensation awarded under the head loss of future earning capacity, there is no income added towards loss of future prospects in life. 4. This Court has observed that the Tribunal has correctly assessed the functional disability at 35% and accordingly, it is confirmed based on that by holding 35% as functional disability a compensation of Rs.6,06,900/- is awarded under the head loss of future earning capacity. 5. When it is proved that the claimant has lost strength in the right upper limb completely and the percentage of disability is 35% as functional disability and thus it is significant one affecting not only earning capacity but also affecting future prospects in life. Therefore, under these circumstances as per the principle of law laid down by the Hon’ble Supreme Court in the case of SIDRAM VS. - 4 - HC-KAR NC: 2025:KHC:36645 RP No. 588 of 2022 DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED AND ANOTHER1 and the judgment of this Court in the case of NEW INDIA ASSURANCE COMPANY VS. ABDUL S/O MEHABOOB TAHASILDAR2 certain income is to be added towards loss of future prospectus in life. 6. In the present case, the claimant was 30 years old as on the date of accident. Therefore, 40% of income is added towards loss of future prospects in life. Accordingly, a compensation under the head loss of future prospects in life is re-modified/quantified as follows by holding the other factors intact: = Rs.8,500/-+Rs.3,400/- (40%of Rs.8,500/-) = Rs.11,900/-. = Rs.11,900/- x 35% x 17 x 12 = Rs.8,49,660/-. 1 MFA Nos.103807/2016 C/w MFA No.103835/2016 and MFA No.103807/2018 dated 27.05.2022 2 (2023) 3 SCC 439 - 5 - HC-KAR NC: 2025:KHC:36645 RP No. 588 of 2022 7. Accordingly, a compensation of Rs.8,49,660/- is awarded under the head loss of earning capacity, including loss of future prospects in life. 8. Consequently, the petitioner/claimant is entitled to compensation under the various heads as follows: Sl. No. Heads Amount in Rs. 1. Pain and sufferings. Rs.1,00,000/- 2. Medical expenses (medical expenses- Rs.1,27,766/- + food and nourishment, attendant and conveyance charges – Rs.50,000/-) Rs.1,77,766/- 3. Loss of income during laid up period. Rs.1,02,000/- 4. Loss of future earning capacity including loss of future prospectus in life. Rs.8,49,660/- 5. Loss of amenities. Rs.1,00,000/- Total: Rs.13,29,426/- 9. Therefore, the petitioner/claimant is entitled to enhanced compensation of Rs.13,29,426/- as against compensation of Rs.9,32,970/- awarded by the Tribunal along with interest at the rate of 6% p.a. from the date of - 6 - HC-KAR NC: 2025:KHC:36645 RP No. 588 of 2022 petition till its realization. Thus, the Review Petition is liable to be allowed. 10. In the result, I proceed to pass the following: ORDER i. The review petition is allowed. ii. The judgment and award dated 02.06.2022 passed by this Court in MFA No.5487/2017 is hereby modified holding that the petitioner/claimant is entitled to total compensation of Rs.13,29,426/- as against the compensation of Rs.9,32,970/- awarded by the Tribunal along with rate of interest at the rate of 6% p.a. from the date of petition till its realization. iii. Draw modified award accordingly. iv. No order as to costs. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 33