Revamma @ Rema vs Udayakumar
2022 Latest Caselaw 7723 Ker

                  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.
              = = = = = = = = = = = = = = = = = =
                     R.P. No.732 of 2021 in
                  M. A. C. A. No.1935 of 2010
              = = = = = = = = = = = = = = = = = =
             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

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

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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