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NC: 2026:KHC-D:5767-DB

RP No. 100052 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT DHARWAD

DATED THIS THE 21^ST DAY OF APRIL 2026

PRESENT

THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD

AND

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

REVIEW PETITION NO.100052 OF 2026

BETWEEN:

SHRI. APPASAB S/O. NABISAB NADAF

AGE: 48 YEARS, OCC: COOLIE,

R/O. MAYANNAVAR ONI, SANGOLLI,

TQ: BAILHONGAL,

DIST: BELAGAVI-591115.

…PETITIONER

(BY SRI. VIJAYKUMAR KOTIN, ADVOCATE)

AND:

VI SHAL

1. SHRI. JAPURALLA SHAUKATALI JAMADAR

NINGAPPA

PATTIHAL AGE: MAJOR, OCC: BUSINESS,

R/O. H.NO.90, MASJID GALI OLD DANDALI,

Digitally signed by

VISHAL NINGAPPA TQ: HALIYAL, DIST: KARWAR-581315,

PATTIHAL

Location: HIGH COURT

OF KARNATAKA (OWNER OF HERO PASSION PRO BSIII

DHARWAD BENCH

MOTOR CYCLE BEARING NO.KA-65/E-2160).

2. THE BRANCH MANAGER

UNITED INDIA INSURANCE COMPANY LTD.,

DIVISIONAL OFFICER NO.1568,

2^ND FLOOR, ABOVE BANK OF BARODA,

MARUTI GALLI, BELAGAVI- 590001.

INSURER OF HERO PASSION PRO BSIII

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NC: 2026:KHC-D:5767-DB

RP No. 100052 of 2026

HC-KAR

MOTOR CYCLE BEARING NO.KA-65/E-2160

VALID UP TO 19-05-2017 TO 18-05-2018,

POLICY NO.2401003111P102702810.

3. SHRI. SHRISHAIL

S/O. GANGAYYA HIREMATH,

AGE: MAJOR, OCC: BUSINESS,

R/O. SANGOLLI, TQ: BAILHONGAL,

DIST: BELAGAVI.

(OWNER OF THE HERO SUPER SPLENDOR

MOTOR CYCLE BEARING NO.KA-24/J-0325).

…RESPONDENTS

(BY SRI. S.S.KOLIWAD, ADVOCATE FOR R2;

NOTICE TO R1 AND R3 - DISPENSED WITH)

THIS REVIEW PETITION IS FILED UNDER ORDER

47 RULE 1 OF CPC, PRAYING TO REVIEW THE

JUDGMENT DATED 23.03.2026 MADE IN MFA

NO.100256/2023, IN THE INTEREST OF JUSTICE AND

EQUITY.

THIS REVIEW PETITION COMING ON FOR

ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD

AND

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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NC: 2026:KHC-D:5767-DB

RP No. 100052 of 2026

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

This review petition is filed seeking review of the

judgment dated 23.03.2026 made in MFA

No.100256/2023.

2. Heard Sri Vijaykumar Kotin, learned

counsel for the petitioner and Sri S.S. Kolowad,

learned counsel for respondent No.2. Issuance of

notice to respondent Nos.1 and 3 has been dispensed

with.

3. Learned counsel for the petitioner would

contend that even though the disability of the

petitioner -claimant has been assessed at 50%, due

to oversight the future prospect has not been

considered while passing the judgment sought to be

reviewed. He contends that the Hon'ble Apex Court in

the case of Sidram Vs Divisional Manager, United

India Insurance Co. ltd., and another, In (2023) 3 SCC 439 and

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NC: 2026:KHC-D:5767-DB

RP No. 100052 of 2026

HC-KAR

Mohammed Sabir Hussain Vs The Regional

Manager, UP State Road Transport Corporation

has held that the claimant, who has sustained

permanent disability is entitled for compensation

taking into consideration future prospects.

4. Learned counsel for respondent No.2 has

not disputed that the petitioner -claimant who has

sustained 50% of disability is entitled to future

prospects.

5. Having heard learned counsels, we have

perused the judgment sought to be reviewed and

other materials placed on the record.

6. The disability of the petitioner -claimant

has been assessed at 50%. In view of the judgments

of the Hon'ble Apex Court in the case of Sidram

(supra) and Mohammed (supra), in case of

permanent disability caused in motor accident, the

claimant is entitled to not just loss of future income

but also future prospects. The said aspect of

2 (2023) 20 SCC 774

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NC: 2026:KHC-D:5767-DB

RP No. 100052 of 2026

HC-KAR

awarding future prospect has not been considered in

the judgment sought to be reviewed. Considering the

said aspect, the judgment is required to be reviewed

taking into consideration of award of loss of future

income taking future prospect.

7. The income of the petitioner –claimant has

been taken at Rs.10,250/- per month. Considering

the fact of petitioner’s age and his avocation, he is

entitled to future prospectus at the rate of 25% as per

the decision of the Honbl

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