Aneesh G.Thampi Madhavan vs Aneesh G.Thampi Madhavan
2021 Latest Caselaw 2806 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

              R.P.No.838 OF 2020 IN MACA. 3219/2015

  AGAINST THE JUDGMENT IN MACA NO.3219/2015(D) OF HIGH COURT OF
                     KERALA DATED 23.09.2020


REVIEW PETITIONER/RESPONDENT:

             ANEESH G.THAMPI MADHAVAN, AGED 38 YEARS
             PUTHENPURACKAL HOUSE, VELLIYIL P.O.
             PERUMPETTY, PATHANAMTHITTA DISTRICT, PIN-689 320.

             BY ADVS.
             SRI.ARUN.B.VARGHESE
             SMT. AISWARYA V.S.

RESPONDENT/APPELLANT:

             CHOLAMANDALAM M/S. GENERAL INSURANCE COMPANY LTD.
             KOTTAYAM, NOW REPRESENTED BY ITS DEPUTY MANAGER
             CLAIMS, ACEL ESTATE, IYYATTIL JUNCTION,
             CHITTOOR ROAD, KOCHI-682 011.



             BY SRI.P.JACOB MATHEW

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION            ON
25.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 R.P.No.838 OF 2020                   2



                              O R D E R

Dated, this the 25th day of January, 2021

Review petition has been filed raising two grounds; one that the interest granted by the Tribunal at 9% was reduced to 8% in the order in appeal. Second ground is with respect to functional disability being not assessed at 25%.

2. On the second ground, the judgment had clearly found that the injured did not mount the box, nor was there any evidence led as to the functional disability caused. It is in this circumstance that the Court, went by the disability calculated by the expert as evidenced from Annexure A6 Certificate. There is absolutely no ground for review of the said finding.

3. However, it is seen that while granting interest, it was stated that "interest as directed by the Tribunal @8%". In fact the Tribunal had granted 9% interest and hence it is an obvious error apparent from the records.

In such circumstances, the review petition is partly allowed to the extent of granting interest @9% as granted by the Tribunal.

Sd/-

K.VINOD CHANDRAN, JUDGE sp/27/01/2021 //True Copy//

P.A. To Judge

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 23.9.2020 IN MAC NO 3219/2015 OF THE HONOURABLE HIGH COURT OF KERALA