01Facts
Veeresha sought review of the High Court’s judgment dated 22 June 2026 in MFA No. 6211/2018, contending that compensation for loss of future earnings due to disability did not include future prospects.
p. 2 · ¶ 1 · p. 3 · ¶ 3–5The injured claimant was 17 years old and had sustained permanent physical disability.
p. 2 · ¶ 3 · p. 7 · ¶ 8The review challenge was confined to the omission of future prospects.
p. 2 · ¶ 3 · p. 7 · ¶ 802Issues
i.Whether the omission to include future prospects in calculating loss of future earnings due to disability warranted review of the earlier judgment.
pp. 2–3 · ¶ 3–6ii.Whether 40% future prospects should be added when calculating the injured claimant’s loss of future earnings.
pp. 3–7 · ¶ 5–803Law Applied
The review petition was brought under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908.
p. 1Applying National Insurance Co. Ltd. v. Pranay Sethi, the Court treated 40% future prospects as applicable to the calculation in this case.
pp. 3–4 · ¶ 6 · p. 7 · ¶ 8It relied on Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari and Gayatree Pattnaik for Shreejita Pattnaik v. Arundhati Sahoo for the approach to compensation where a child suffers permanent disability, including the addition of future prospects in assessing loss of future earnings.
pp. 3–7 · ¶ 6–7.1Provisions in the judgment · 1 · Linked ones open on LawLens
Code of Civil Procedure, 1908 Section 114
04Reasoning
The Court accepted that the earlier award had omitted future prospects when calculating the claimant’s loss of future earnings.
p. 7 · ¶ 8In light of the cited Supreme Court decisions and the claimant’s age and permanent disability, it recalculated that head using monthly income of Rs. 9,500, 40% future prospects, multiplier 18, and 80% disability, arriving at Rs. 22,98,240.
p. 7 · ¶ 8It then recalculated the overall compensation and deducted the amount already awarded by the Tribunal.
p. 8 · ¶ 905Holding
The review petition was allowed, and the earlier judgment was modified to enhance compensation by Rs. 23,96,340, with interest at 6% per annum from the date of the claim petition until realization, as awarded by the Tribunal.
pp. 8–9 · ¶ 10–11The Insurance Company was directed to deposit the enhanced compensation with interest within eight weeks; the modified award was to be drawn and transmitted to the Tribunal.
pp. 9–11 · ¶ 11(iii)–(vi)Original Court PDF
VEERESHAvsMAHABHADRAPPA
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