IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ REVIEW PETITION NO.38/2015 BETWEEN:
THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., D.O.OPP. FIRE BRIGADE MUSLIM HOSPITAL COMPLEX, SARSWATHIPURAM, MYSORE.
REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BENGALURU – 25. ... PETITIONER (BY SRI.SRINIVASA K.N., ADV.) AND:
1. SRI.KUMARA, S/O VENKATARAMEGOWDA, AGED ABOUT 54 YEARS, R/AT HARIHARAPURA VILLAGE, KASABA HOBLI, K.R.PET TQ., MANDYA DISTRICT.
2. SRI.M.P.MAHESHA, S/O M.R.PUTTASWAMY, AGED ABOUT 50 YEARS, #148, MADUVINAKODI VILLAGE AND POST, K.R.PET TQ., MANDYA DISTRICT.
3. SRI.K.J.MANJUNATHA, S/O JAVAREGOWDA, AGED ABOUT 40 YEARS, #933-1, SUBASH NAGAR, K.R.PET TQ, MANDYA DISTRICT.
(BY SRI. M.E.MADHUSUDHAN, ADV., FOR R1;
... RESPONDENTS R2 SERVED; NOTICE TO R3 IS DISPENSED WITH) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING TO REVIEW THE ORDER DATED 22.07.2013 PASSED IN MFA NO.2487/2010, ON THE FILE OF THE HON’BLE HIGH COURT OF KARNATAKA, BANGALORE.
THIS PETITION COMING ON FOR FURTHER ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner.
2. This review petition is filed by the 3rd respondent in MFA No.2487/2010 praying to review the judgment and award dated 22.7.2013 passed in the above said appeal.
3. Learned counsel Sri K.N. Srinivasa appearing for ;the petitioner would submit that an arithmetical error has crept in at para 12 of the judgment wherein, this Court was though pleased to take the multiplier applicable to the age group of the claimant as 14, however, while calculating the loss of future income, multiplier was taken as 18. Hence, he seeks to review the judgment.
4. Perusal of the judgment goes to show that the age of the claimant was 45 years at the time of accident and therefore, the appropriate multiplier is 14 which was also noted at para 12. However, while calculating the loss of future income, 18 was taken as the multiplier. Hence it is just and necessary to recompute the compensation awarded towards loss of future income which comes to Rs.88,200/- (Rs.3500 x 12x14x15/100) as against Rs.99,960/- awarded by this Court.
The claimant is therefore, entitled for a total compensation of Rs.1,87,700/- (Rs.1,99,460-11,760) as against Rs.1,99,460/-.
The rest of the order shall remain intact.
The review petition is accordingly disposed off.
Sd/-
JUDGE nm