Kerala High Court
Harinarayanan vs Abdul Gafoor on 13 November, 2024
RP NO.1017/2024 1
2024:KER:84323
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
WEDNESDAY, THE 13TH DAY OF NOVEMBER 2024/22ND KARTHIKA, 1946
RP NO.1017 OF 2024
ARISING OUT OF THE JUDGMENT DATED 19.08.2024 IN MACA
NO.353 OF 2018 OF HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANT:
HARINARAYANAN
AGED 59 YEARS
S/O.JANAKI AMMA JANAKY VILAS,
BEHIND MASJID, SHORANUR PALAKKAD,
PIN - 679121
BY ADV C.HARIKUMAR
RESPONDENTS/RESPONDENTS:
1 ABDUL GAFOOR
S/O.MUHAMMED KUTTY, ATHAMMANAKATH HOUSE
THOTTAKKARA P.O., MAYILUMPURAM, OTTAPALAM
PALAKKAD (RC OWNER), PIN - 679102
2 MOHAMMED JASSIMA
S/O.ABDUL GAFOOR, ATHAMMANAKATH HOUSE
THOTTAKKARA P.O., MAYILUMPURAM, OTTAPALAM
PALAKKAD (DRIVER DL NO 51/4304/2012 VALID FROM
17.8.2012 TO 19.8.2032),
PIN - 679102
3 THE MANAGER
THE NEW INDIA ASSURANCE COMPANY LIMITED
OTTAPALAM BRANCH, 2ND FLOOR, JRJ COMPLEX,
MAIN ROAD OTTAPALAM POLICY NO.76/1033/130100021533
VALID FROM 29.3.2014 TO 28.03.2015),
PIN - 679101
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4 MOHAMMED NIZAR
S/O.SAIDALAVI, AGE NOT KNOWN
PALLIYALIL HOUSE, CHUNANGAD P.O.,
OTTAPALAM TALUK,PALAKKAD, PIN - 679511
BY ADV. SEBASTIAN VARGHESE, R3
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
05.11.2024, THE COURT ON 13.11.2024 DELIVERED THE FOLLOWING:
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ORDER
Dated this the 13th day of November, 2024
This Review Petition is filed by the petitioner seeking to review the
judgment dated 19.08.2024 in M.A.C.A.No.353 of 2018.
2. Heard Sri.C.Harikumar, learned counsel appearing for the
petitioner and Sri.Sebastian Varghese, learned counsel for the third
respondent.
3. It is pointed out by the learned counsel for the review petitioner
that in the judgment dated 19.08.2024, the monthly income of the petitioner
had been re-fixed at Rs.28,000/-. Consequently, the compensation granted
by the Tribunal under the head 'continuing partial or permanent disability'
ought to have been re-computed and enhanced taking the monthly income
as Rs.28,000/-. However, in the judgment, the compensation under the said
head was retained unaltered at Rs.3,11,520/- as was earlier fixed by the
Tribunal. This it is submitted an error apparent on the face of the record and
deserves to be corrected in a review.
4. The above contention of the learned counsel for the review
petitioner is found to be correct. Since this Court had enhanced and re-
fixed the income, the compensation under the head 'continuing partial or
permanent disability' also ought to reflect the same.
5. In the circumstances, this Review Petition is allowed and the
2024:KER:84323
judgment dated 19.08.2024 in M.A.C.A.No.353 of 2018 is recalled and
modified. The compensation for continuing partial or permanent disability is
re-fixed at Rs.4,36,128/- (28000x12x11x11.8/100). The Award of the
Tribunal is thus enhanced by a further amount of Rs.1,24,608/- as per the
table below.
Sl. Head of Claim Amount Amount
No. awarded by modified and
the Tribunal recalculated by
(Rs.) this Court (Rs.)
1 Loss of earning (Total) 2,40,000/- 3,36,000/-
2 Loss of earning (Partial) Nil Nil
3 Transportation expenses 20,000/- 20,000/-
4 Extra nourishment 16,000/- 20,000/-
5 Damage to clothing 1,000/- 2,000/-
6 Medical and miscellaneous expenses 6,60,120/- 6,60,120/-
7 Personal expenses Nil Nil
8 Pain and suffering 60,000/- 80,000/-
9 Compensation for continuing partial 3,11,520/- 4,36,128/-
or permanent disability
10 Loss of earning power Nil Nil
11 Loss of enjoyment and amenities of 30,000/- 50,000/-
life
12 Bystander expenses 16,000/- 16,000/-
Total 13,54,640/- 16,20,248/-
The judgment dated 19.08.2024 in M.A.C.A.No.353 of 2018 shall stand
reviewed and modified to the above extent.
Sd/-
SYAM KUMAR V.M.
JUDGE
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