Beena Jose vs Pradeep
2021 Latest Caselaw 15411 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
 THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                      RP NO. 319 OF 2021
  AGAINST THE ORDER/JUDGMENT IN MACA 1809/2010 OF HIGH
                       COURT OF KERALA
REVIEW PETITIONERS:


    1     BEENA JOSE
          AGED 54 YEARS
          W/O.JOSE.M.J,THATTILMANDY HOUSE,SASTHRI
          NAGAR,P.O NADATHARA,THRISSUR DISTRICT,
          PIN-680751,NOW RESIDING AT THATTILMANDY HOUSE,
          AYYAPPATH LANE,MANNUTHY.P.O, THRISSUR,
          PIN-680651.

    2     RESHMA JOSE,
          AGED 32 YEARS
          D/O.LATE JOSE.M.J,THATTILMANDY HOUSE,SASTHRI
          NAGAR,P.O NADATHARA,THRISSUR DISTRICT,
          PIN-680751,NOW RESIDING AT THATTILMANDY HOUSE,
          AYYAPPATH LANE,MANNUTHY.P.O, THRISSUR,
          PIN-680651.

    3     GREESHMA JOSE,
          AGED 27 YEARS
          D/O LATE JOSE.M.J,THATTILMANDY HOUSE,SASTHRI
          NAGAR,P.O NADATHARA,THRISSUR DISTRICT,
          PIN-680751,NOW RESIDING AT THATTILMANDY HOUSE,
          AYYAPPATH LANE,MANNUTHY.P.O, THRISSUR,
          PIN-680651.

          BY ADV V.BINOY RAM


RESPONDENTS:


    1     PRADEEP
          S/O.BHASKARAN,KUZHIPARAMBIL HOUSE,
          MANALITHARA.P.O, WADAKKANCHERY,
          THEKKUMTHARA PANCHAYATH,THRISSUR DISTRICT,PIN-
          680589.
 RP No.319 OF 2021                          2


       2      M.S.AJITHA CHANDRA BOSE,
              CHITHRAM HOUSE,THOTTAKKATTUKARA.P.O,
              ALUVA,ERNAKULAM DISTRICT,PIN-683101.

       3      THE ORIENTAL INSURANCE CO.LTD,
              DIVISIONAL OFFICE,3RD FLOOR,MAHESWARI BUILDING,
              M.G.ROAD,THRISSUR,PIN-680020.REPRESENTED BY THE
              MANAGER.

              BY ADV. P. JACOB MATHEW - R3
THIS       REVIEW   PETITION      HAVING       COME   UP    FOR    ADMISSION   ON
22.07.2021,         THE   COURT    ON   THE      SAME      DAY    DELIVERED    THE
FOLLOWING:
 RP No.319 OF 2021                    3



                                ORDER

The legal heirs of the sole appellant in MACA No.1809 of

2010 has filed this review petition, seeking an order to review

the judgment of this Court dated 23.01.2020 in that appeal,

whereby that appeal was disposed of as follows;

"In the result, the appellant/claimant will be entitled for payment of an additional/balance compensation of Rs.1,41,210/- (Rupees one lakh forty one thousand two hundred and ten only) [9,000 + 750 + 4,000 + 3,000 + 250 + 52,080 + 15,000 + 57,130] in this appeal, which will carry interest at the rate of 8% per annum from the date of petition till realisation. The 3 rd respondent insurer shall satisfy the additional/balance compensation granted in this appeal, together with interest, within a period of two months from the date of receipt of a certified copy of this judgment, after deducting the liability, if any, of the appellant/claimant towards Balance Court Fee and Legal Benefit Fund. The disbursement of additional/balance compensation to the appellant/claimant shall be made taking note of the law on the point and in terms of the directives issued by this Court in Circular No.3 of 2019 dated 06.09.2019 and clarified further in Official Memorandum No.D1- 62475/2016 dated 07.11.2019. The appellant shall provide his Bank account details (attested copy of the relevant page of the Bank Passbook having details of the Bank Account Number and IFSC Code of the branch)

before the Tribunal, with copy to the learned Standing Counsel for the insurer, within one month from the date of receipt of a certified copy of this judgment."

2. In the review petition, it is averred that the sole

appellant in M.A.C.A.No.1809 of 2010 died on 31.05.2017 and

the said fact could not be brought to the notice of this Court.

Without noticing the said fact, this Court disposed of the said

appeal by the judgment dated 23.01.2020.

3. Heard the learned counsel for the review petitioners

and also the learned Standing Counsel for the 3 rd respondent-

insurer. Since the insurance coverage of the offending vehicle

is admitted by the insurer, service of notice to respondents 1

and 2 is dispensed with.

4. Along with this review petition, the petitioners have

placed on record Annexure-I death certificate dated

08.06.2017, as per which, the sole appellant in M.A.C.A.

No.1809 of 2010 died on 31.05.2017.

5. The learned Standing Counsel for the 3rd respondent

insurer would submit that, as evident from Annexure-I death

certificate, the sole appellant died much before the date of

disposal of M.A.C.A.No.1809 of 2010.

6. In such circumstances, this review petition is

allowed by recalling the judgment dated 23.01.2020 in

M.A.C.A.No.1809 of 2010. Registry to list the appeal before the

Bench, as per roster.

The review petitioners to file necessary applications in the

appeal, along with supporting documents to get themselves

impleaded as supplemental appellants.

Sd/-

ANIL K. NARENDRAN JUDGE yd

APPENDIX

REVIEW PETITIONERS' ANNEXURE

ANNEXURE 1 TRUE COPY OF THE DEATH CERTIFICATE DATED 08.06.2017.