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2026 DAILYLAW 54607 (KAR)

THE DIVISIONAL MANAGER v. NAGANNA

RP/200036/2025 · 2026-01-19

C M Joshi

Review Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-K:314 RP No. 200036 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REVIEW PETITION NO. 200036 OF 2025 BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., 1ST FLOOR, SANGAMESHWAR COLONY, KALABURAGI - 585 102. …PETITIONER (BY SRI RAHUL R ASTURE, ADVOCATE) AND: 1. NAGANNA S/O DHULAPPA, AGED ABOUT 38 YEARS, OCC: OWNER OF TRUCK, BEARING NO.KA-32/D-1603, R/O BELUR (J), TQ. AND DIST. KALABURAGI - 585 101. 2. MANIK @ MANIKAPPA, S/O SHARANAPPA GOLLUR, AGED ABOUT 46 YEARS, OCC: CLEANER OF TRUCK, BEARING NO.KA-32/D-1603, NOW NIL, R/O BELUR (J) TQ. AND DIST.KALABURAGI-585 101. …RESPONDENTS (BY SRI BABU H METAGUDDA, ADVOCATE FOR R-2; NOTICE TO R-1 DISPENSED WITH V/O DATED 16.12.2025) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-K:314 RP No. 200036 of 2025 THIS RP IS FILED U/S. 114 R/W ORDER 47 RULE 1 OF THE CPC, PRAYING THAT THIS HONOURABLE COURT TO REVIEW OF THE JUDGMENT DATED 26.04.2025 PASSED BY THIS HONOURABLE COURT IN MFA NO. 201263/2021 AND CONSEQUENTLY BE PLEASED TO MODIFY THE ORDER BY REDUCING THE COMPENSATION AWARDED BY THE HONOURABLE HIGH COURT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER Heard learned counsel appearing for the review petitioner and the learned counsel for respondent No. 2. 2. IA No.1/2025 is allowed by accepting the reasons stated in the affidavit accompanying the application and delay of 07 days in filing the petition is condoned. 2. This matter is arising out of MFA No.201263/2021 (filed against judgment in ECA No. 3/2019). 3. This Court in the judgment dated 26.04.2025 in MFA No.201263/2021 had calculated the compensation in - 3 - HC-KAR NC: 2026:KHC-K:314 RP No. 200036 of 2025 para 15. It is noticed that an arithmetic error had crept in. This Court after noticing in para 11 that the Government of India had issued a Notification under Section 4(1-B) wherein it prescribed a sum of Rs.8,000/- as monthly wages, calculated the compensation of Rs.2,39,232/-. While calculating, this Court had added 60% to the sum of Rs.8,000/- and then multiplied the same by disability and by factor applicable. Therefore, it is an arithmetical error which has crept in. Hence, the calculation in para 15 is rectified as below: "15. As a consequence, the compensation is recalculated as Rs.8,000/- x 60% x 10% x 186.9=Rs.89,712/-." 4. The medical bills worth Rs.67,600/- were produced and awarded by the Commissioner and the same is confirmed. Therefore, para 16 is also corrected to read as below. In effect, the total amount entitled by the petitioner would be Rs.1,57,312/- instead of - 4 - HC-KAR NC: 2026:KHC-K:314 RP No. 200036 of 2025 Rs.1,14,700/-. To that effect, corrections to be carried out in the judgment of this court. 4. Review petition is disposed of accordingly. Sd/- (C M JOSHI) JUDGE tsn* List No.: 19 Sl No.: 2