Ganesan vs New India Assurance Company Ltd
2024 Latest Caselaw 27489 Ker

Kerala High Court

Ganesan vs New India Assurance Company Ltd on 11 September, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

                                                   2024:KER:69151

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

                                  &

              THE HONOURABLE MR. JUSTICE JOHNSON JOHN

 WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946

                        RP NO. 967 OF 2024

        AGAINST THE JUDGMENT DATED 02.03.2016 IN MACA NO.2177 OF

2007 OF HIGH COURT OF KERALA

REVIEW PETITIONERS/RESPONDENT NOS.1 TO 5, LEGAL HEIRS OF
RESPONDENT NO.4 AS ADDITIONAL REVIEW PETITIONERS AS 6 AND 7:

    1       GANESAN,
            AGED 58 YEARS
            S/O OF CHANDUKUTTY, RESIDING AT THEKKETHALAKKAL
            HOUSE, THALAKOLATHOOR, KOZHIKODE, PIN - 673303

    2       SNIGDHA,
            AGED 28 YEARS
            RESIDING AT THEKKETHALAKKAL HOUSE, THALAKOLATHOOR,
            KOZHIKODE, PIN - 673303

    3       SNIGNA,
            AGED 26 YEARS
            RESIDING AT THEKKETHALAKKAL HOUSE, THALAKOLATHOOR,
            KOZHIKODE, PIN - 673303

    4       A.NARAYANAN (DEAD)
            AGED 68 YEARS
            S/O LATE IKKANDAN, THEKKETHALAKKAL HOUSE,
            THALAKOLATHOOR, KOZHIKODE, PIN - 673303
 RP No.967 of 2024
                               -: 2 :-


                                             2024:KER:69151

     5       SAROJINI
             AGED 70 YEARS
             W/O LATE NARAYANAN, THEKKETHALAKKAL HOUSE,
             THALAKOLATHOOR, KOZHIKODE, PIN - 673303

     6       ANITHA
             AGED 45 YEARS
             THEKKETHALAKKAL HOUSE, THALAKOLATHOOR,
             KOZHIKODE, PIN - 673303

     7       RAJESH
             AGED 52 YEARS
             AREEKARAMEETHAL, G.A COLLEGE P.O, VALAYANAD,
             KOZHIKODE, PIN - 673303


             BY ADVS.
             K.V.RASHMI
             LAKSHMI




RESPONDENTS/APPELLANT & RESPONDENT NO.6:

     1       NEW INDIA ASSURANCE COMPANY LTD,
             REP BY THE DEPUTY MANAGER, REGIONAL OFFICE,
             M.G ROAD, KOCHI, PIN - 682011

     2       MUHAMMED SHEREEF,
             RESIDING AT IV/279, KUTTITHODI HOUSE,
             VENNIYOOR ROAD, P.O. RAMANATTUKARA, KOZHIKODE,
             PIN - 673631


             BY ADV RAJI T.BHASKAR


         THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                   2024:KER:69151

          Sathish Ninan & Johnson John, JJ.
        -------------------------------------
                 RP No.967 of 2024
      ---------------------------------------
     Dated this the 11th day of September, 2024

                               ORDER

Sathish Ninan, J.

The appeal was disposed of by this Court as per

judgment dated 02.03.2016. However, on that date the

4th respondent in the appeal was no more. The said

fact was not brought to the notice of the Court. Now

the Review Petition has been filed pointing out the

same and also seeking to implead two of the legal

heirs of the deceased respondent No.4, who were not

parties to the proceedings, as additional respondents

7 and 8 in the appeal and to direct that the share of

the 4th respondent be released to review petitioners 1

to 3 and 5 to 7, who are respondents 1 to 3, 5, 7 and

8 in the appeal.

2. We have heard Smt.Rashmi.K.V, the learned

counsel for the review petitioners and

Smt.Raji.T.Bhaskar, the learned counsel for the

2024:KER:69151

respondents.

3. As per the judgment sought to be reviewed the

appeal was dismissed. The judgment enures to the

benefit of the legal heirs of the 4 th respondent. The

applications to implead the legal representatives, to

set aside abatement and condone delay are only to be

allowed. The legal heirs of the deceased 4th respondent

are respondents 1 to 3, 5, 7 and 8. The share of the

4th respondent is liable to be released to them. The

learned counsel for the respondent submitted that they

have no objection in such clarification being made.

Resultantly, the review petition and I.A Nos.1 and

2 of 2024 and C.M Appl. No.3 of 2024 are allowed. It

is clarified that the share of the deceased 4th

respondent in the appeal shall be released to

respondents 1 to 3, 5, 7 and 8.

Sd/-

Sathish Ninan, Judge

Sd/-

Johnson John, Judge SVP