Yasir vs New India Assurance Company Ltd
2024 Latest Caselaw 32532 Ker

Kerala High Court

Yasir vs New India Assurance Company Ltd on 8 November, 2024

                                                          2024:KER:87689




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
 FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
                         RP NO.1113 OF 2024
     AGAINST THE JUDGMENT DATED 19.08.2024 IN MACA NO.2895
OF 2014 OF THE HIGH COURT OF KERALA

REVIEW PETITIONER/APPELLANT:

         YASIR
         AGED 35 YEARS, S/O MUHAMMED,
         MANAPPURATH HOUSE, THURAYOOR AMSOM, DESOM,
         KOYILANDY TALUK, KOZHIKODE DISTRICT,
         PIN - 673 523.

         BY ADV
           SRI.U.P.BALAKRISHNAN


RESPONDENT/RESPONDENT:

         NEW INDIA ASSURANCE COMPANY LTD
         BRANCH OFFICE, AL-MUBARAK BUILDING, EDODI,
         VATAKARA, KOZHIKODE DISTRICT, PIN - 673101
         REP BY ITS MANAGER.

             BY ADV
               SRI. N.S. MOHAMMED USMAN -STANDING COUNSEL


     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
08.11.2024,     THE   COURT   ON   THE   SAME   DAY   DELIVERED    THE
FOLLOWING:
                                                               2024:KER:87689
R.P. No.1113 of 2024
                                    2

                               ORDER

The above review petition is filed seeking review of the

judgment dated 19.08.2024 in MACA No.2895 of 2014 of this Court,

contending that though the judgment was rendered remanding the

matter back to the tribunal, this Court omitted to set aside the award

passed by the Tribunal dated 02.01.2014 in OP (MV) No.146 of 2011

of MACT, Vatakara.

2. Heard the learned counsel for the review petitioner and the

learned Standing counsel appearing for the respondent.

3. On a perusal of the judgment dated 19.08.2024, I find that

though the matter is remanded back to the tribunal to decide on

Annexure A1 series of bills, there was an omission to consider the

claim of the appellant for enhancement of compensation. Hence, I

find that there was an error apparent on the face of the record.

Therefore, the Review Petition is allowed and the judgment

dated 19.08.2024 in MACA No.2895 of 2014 is recalled and the

appeal is restored to file for judgment.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE S.M.K.