Karnataka High Court
National Insurance Company ... vs Somesha. P on 25 February, 2022
Bench: B.Veerappa, K.Natarajan
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RP No. 472 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE B.VEERAPPA
AND
THE HON'BLE MR. JUSTICE K.NATARAJAN
REVIEW PETITION NO. 472 OF 2019
IN
MFA No.6786/2017 C/W MFA No.4181/2017
BETWEEN:
1. NATIONAL INSURANCE COMPANY LIMITED.,
PRESTIGE ARCADE,
RAMASWAMY CIRCLE,
MYSORE-570 007,
REPRESENTED BY ITS BRANCH MANAGER.
...PETITIONER
(BY SRI. RENUKA H R., ADVOCATE)
AND:
1. SOMESHA P.,
S/O. PAPANNA,
AGED ABOUT 29 YEARS,
R/O. KANCHAMALLI VILLAGE AND POST,
H.D. KOTE TALUK,
MYSORE DISTRICT-571 125.
Digitally signed
by MALATESH K
C 2. H. B. RAVIKUMAR
Location: High S/O. BHOJEGOWDA,
Court of MAJOR IN AGE, P.W.D. CONTRACTOR,
Karnataka
7TH CROSS, MARIGOWDA LAYOUT,
MANDYA DISTRICT-571 401.
...RESPONDENTS
(BY SMT. KUSUMA R. PRASAD, ADVOCATE FOR
SRI L.M. CHIDANANDAYYA, ADVOCATE FOR R2;
R1 SERVED, UNREPRESENTED)
-2-
RP No. 472 of 2019
THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE
1 OF CODE OF CIVIL PROCEDURE, PRAYING TO REVIEW THE
ORDER DATED 07/06/2019 PASSED IN MFA No.6786/2017 C/W
MFA No.4181/2017 TO THE EXTENT OF GROUNDS RAISED IN
THE REVIEW PETITION IN THE INTEREST OF JSUTICE.
THIS REVIEW PETITION COMING ON FOR ORDERS
THIS DAY, B. VEERAPPA J., MADE THE FOLLOWING:
ORDER
The National Insurance Company-Insurer filed the
present Review Petition seeking to review the Judgment and
award dated 07.06.2019 made in MFA No.6786/2017 c/w MFA
No.4181/2017, only in so far as adopting the multiplier 17
instead of 18, taking into consideration the age of the claimant
as 27 years instead of 25 years.
2. This Court, by the order dated 17.12.2021, issued notice
to the respondents. The review petitioner was also permitted
to take out notice on Sri Bhanuprakash H.V., learned counsel
who had appeared for the claimant in the Miscellaneous First
Appeals.
3. Though respondent No.1/claimant is served, has
remained unrepresented. Respondent No.2/owenr of the
RP No. 472 of 2019
offending vehicle is represented by Smt.Kusuma R.Prasad,
learned counsel for Sri L.M.Chidanandaiah.
4. At paragraph-5 of the Memorandum of Miscellaneous First
Appeal No.6786/2017, the claimant has specifically stated as
under:
"The Tribunal has failed to consider that the
appellant was aged 27 years and he is a driver, due
to the said accident he has suffered amputation of
below knee of left leg and thereby he became a
permanent disabled person xxx xxx xxx xxx xxx"
5. In view of the above, the claimant himself has admitted
that he was aged 27 years as on the date of the accident. The
same is evidenced by Ex.P.36-copy of the Driving Licence which
depicts that the date of birth of the claimant is 10.06.1987 and
the accident took place on 24.07.2014. Therefore, it is evident
that the claimant was aged 27 years as on the date of the
accident. Thereby, there is a mistake in paragraph-15 of the
judgment under review. The age of the claimant should have
been taken as 27 years and the multiplier applicable is 17. At
paragraph 16 of the judgment also, the age of the claimant has
been wrongly shown as 25. The same has to be reviewed and
RP No. 472 of 2019
the loss of future earning capacity of the claimant has to be
recalculated by applying the multiplier 17. Thus, the loss of
future earning capacity would be `12,000/- x 90% x 12 x 17=
`22,03,200/-. Thus the claimant is entitled to `22,03,200/-
instead of `23,32,800/- under the head loss of future earning
capacity.
6. In view of the above, we pass the following:
ORDER
(i) The claimant is entitled to `22,03,200/- instead of
`23,32,800/- under the head loss of future earning
capacity.
(ii) The claimant is entitled to total compensation of
`30,50,200/- instead of `31,79,800/-.
(iii) The remaining portion of the judgment and award
under review is undisturbed.
Sd/-
JUDGE
Sd/-
JUDGE
kcm
