IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
RP NO. 732 OF 2021
AGAINST THE JUDGMENT DATED 23.10.2018 IN MACA 1935/2010 OF
HIGH COURT OF KERALA
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PETITIONERS/APPELLANTS:
1 REVAMMA @ REMA
W/O.LATE SURENDRA PANICKER, 'USHUS' CHERTHALA SOUTH
PANCHAYATH, WARD NO.9, CHERTHALA, ALAPPUZHA DISTRICT.
2 KANNAN
S/O.LATE SURENDRA PANICKER, 'USHUS' CHERTHALA SOUTH
PANCHAYATH, WARD NO.9, CHERTHALA, ALAPPUZHA DISTRICT
3 SMITHA PANICKER,
D/O.LATE SURENDRA PANICKER, 'USHUS', CHERTHALA SOUTH
PANCHAYATH, WARD NO.9, CHERTHALA, ALAPPUZHA DISTRICT.
BY ADVS.
N.RADHAKRISHNAN
V.S.BHASKARAN
RP NO. 732 OF 2021 -2-
RESPONDENTS:
1 UDAYAKUMAR
CHIRAYIL HOUSE, ERAMALLOOR P.O., CHERTHALA, PIN - 688 550.
2 T.T.SAJAN
S/O.THANKAPPAN, THAIKKOTTATTHIL, EZHUPUNNA P.O., CHERTHALA,
PIN - 688 548.
3 THE NATIONAL INSURANCE CO.LTD.
57, THIRUVI-KA-INDAL ESTATE, GUINDY P.O., REP. BY ITS BRANCH
MANAGER, ALAPPUZHA, PIN - 688 005.
BY ADVS.
SANTHOSH KUMAR T. P.
SRI.LAL GEORGE, SC, NATIONAL INSURANCE COMPANY LIMITED
AKHILA DENCIL(K/001503/2021)
DIYA KADUTHUS(K/001164/2021)
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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R.P. No.732 of 2021 in
M. A. C. A. No.1935 of 2010
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Dated this the 28th day of June, 2022
O R D E R
The M.A.C.A. was disposed of by this Court as per judgment dated 23.10.2018. The appellants, who were the claimants before the Tribunal have filed this review petition alleging failure to take into account two heads while fixing compensation, viz. (1) future prospects and (2) consortium to petitioners 2 and 3.
2. Heard learned counsel for the review petitioners and the learned Standing Counsel for the Insurance Company Sri.Lal George.
3. Compensation is claimed on the death of the husband of the first appellant and the father of the other appellants, in a motor accident. This Court has reckoned the monthly income of the deceased at ` 5,500/-. As contended by the review petitioner, the future prospects was omitted to be taken into R.P. No.732 of 2021 -: 2 :- consideration while fixing the income. Non-consideration of future prospects is a matter falling within the scope of review and hence the contention is entertained.
4. The review petitioners have claimed that the future prospects be fixed at 25%. The respondents do not contend that the same is excessive. Taking into account the future prospects thus, the monthly income of the deceased is ` 6,875/-. Based on the same, the review petitioners have filed a calculation statement dated 23.06.2022 showing the dependency compensation. As per the said statement, taking into account the future prospects, the additional compensation which the review petitioners are entitled for is calculated at ` 5,67,000/-. The correctness of the said calculation is not disputed by the respondents.
5. Regarding the claim for consortium, it is seen that, in paragraph 8 of the judgment this Court has specifically dealt with the claim under the said head and has awarded compensation. There is no error apparent R.P. No.732 of 2021 -: 3 :- warranting interference with the same.
Accordingly, the total additional compensation payable, as directed in the judgment dated 23.10.2018, will stand corrected/re-fixed as `5,67,000/-. As directed in the said judgment, the said amount will fetch interest at the rate of 7.5% per annum from the date of claim petition till satisfaction, except for the period of 590 days covered by the delay in filing the appeal, and also the period of 579 days covered by the delay in filing the review petition. The judgment dated 23.10.2018 will stand modified to the above extent.
Review petition is ordered accordingly.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge APPENDIX OF RP 732/2021 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN MACA NO.1935/2010 DATED 23/10/2018 ISSUED ON 22/10/2021.
Annexure A2 CERTIFIED COPY OF THE JUDGMENT MACA NO.1935/2010 DATED 23/10/2018 ISSUED ON 13/12/2018.
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