Kerala High Court
Angel Rose vs Bhuvanachandran on 25 August, 2025
2025:KER:64696
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
RP NO. 821 OF 2025
AGAINST THE JUDGMENT DATED 09.04.2025 IN MACA NO.1499
OF 2015 OF HIGH COURT OF KERALA
REVIEW PETITIONER/APPELLANT:
ANGEL ROSE,
AGED 22 YEARS
D/O. JOHNSON, MUTTATHIL HOUSE, THURAVOOR,
ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572
BY ADVS.
SRI.K.S.BHARATHAN
SRI.ALPHIN ANTONY
SRI.AADITHYAN S.MANNALI
JISHNU P.P.
SMT.RADHIKAKRISHNA
RESPONDENTS/RESPONDENTS:
1 BHUVANACHANDRAN,
S/O. THANKAPPAN, MANATHUPARAMBIL HOUSE, ELANJIPARA
P.O, CHALAKUDY, PIN - 680001.
2 UNITED INDIA INSURANCE CO. LTD
BRANCH OFFICE, PARK HOUSE ROAD, NORTH THRISSUR,
THRISSUR P.O, PIN - 683572
OTHER PRESENT:
SMT.RAJIT. BHASKAR, SMT.SHERIN K. MOHAN
2025:KER:64696
RP NOS.821,936 & 1124 OF 2025
in MACA Nos.1499,1233 & 1282 of 2015
2
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
25.08.2025, ALONG WITH RP.936/2025, 1124/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:64696
RP NOS.821,936 & 1124 OF 2025
in MACA Nos.1499,1233 & 1282 of 2015
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
RP NO. 936 OF 2025
AGAINST THE JUDGMENT DATED 09.04.2025 IN MACA NO.1233
OF 2015 OF HIGH COURT OF KERALA
REVIEW PETITIONER/1ST RESPONDENT:
ANGEL ROSE
AGED 22 YEARS
D/O. JOHNSON, MUTTATHIL HOUSE, THURAVOOR,
ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572
BY ADVS.
SRI.K.S.BHARATHAN
SRI.ALPHIN ANTONY
SRI.AADITHYAN S.MANNALI
JISHNU P.P.
SMT.RADHIKAKRISHNA
RESPONDENTS/APPELLANT,2ND AND 3RD RESPONDENT:
1 BHUVANACHANDRAN
S/O. THANKAPPAN, MANATHUPARAMBIL HOUSE, ELANJIPARA
P.O, CHALAKUDY, PIN - 680001
2025:KER:64696
RP NOS.821,936 & 1124 OF 2025
in MACA Nos.1499,1233 & 1282 of 2015
4
2 JOHNSON
S/O. AUGUSTHY, MATTATHIL HOUSE, THURAVOOR,
ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572
3 UNITED INDIA INSURANCE CO. LTD
BRANCH OFFICE, PARK HOUSE ROAD, NORTH THRISSUR,
THRISSUR P.O, PIN - 683572
BY ADV SMT.K.SHERIN MOHAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
25.08.2025, ALONG WITH RP.821/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:64696
RP NOS.821,936 & 1124 OF 2025
in MACA Nos.1499,1233 & 1282 of 2015
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
RP NO. 1124 OF 2025
AGAINST THE JUDGMENT DATED 09.04.2025 IN MACA NO.1282
OF 2015 OF HIGH COURT OF KERALA
REVIEW PETITIONER/1ST RESPONDENT:
ANGEL ROSE,
AGED 22 YEARS,
D/O. JOHNASON, MUTTATHIL HOUSE, THURAVOOR,
ANGAMALY, ERNAKULAM DISTRICT, PIN - 683572
BY ADVS.
SRI.K.S.BHARATHAN
SRI.ALPHIN ANTONY
SRI.AADITHYAN S.MANNALI
JISHNU P.P.
SMT.RADHIKAKRISHNA
RESPONDENT/APPELLANT:
1 UNITED INDIA INSURANCE CO. LTD,
BRANCH OFFICE, PARK HOUSE ROAD, NORTH THRISSUR,
THRISSUR P.O., PIN - 683572.
BY ADV SMT.RAJI T.BHASKAR
2025:KER:64696
RP NOS.821,936 & 1124 OF 2025
in MACA Nos.1499,1233 & 1282 of 2015
6
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
25.08.2025, ALONG WITH RP.821/2025 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:64696
RP NOS.821,936 & 1124 OF 2025
in MACA Nos.1499,1233 & 1282 of 2015
7
COMMON ORDER
These review petitions are filed by the claimants in MACA
Nos.1233/2015, 1282/2015 & 1499/2015 arising from O.P(MV)
No.1294/2009 on the file of the Motor Accident Claims Tribunal,
Perumbavoor. The claimant filed the above OP under Section 166 of the
Motor Vehicles Act, claiming compensation for the injuries sustained in the
motor vehicle accident occurred on 10.04.2005. As per award dated
04.12.2013, the tribunal award a compensation of Rs.12,55,123/- and directed
the 3rd respondent/insurer to deposit the compensation and also permitted the
3rd respondent to recover the compensation from the 1 st respondent, the
registered owner. Aggrieved by the above, the claimant, the registered owner
and the insurer filed the above appeals.
2. As per the judgment dated 09.04.2025, this court has enhanced the
compensation to a sum of Rs.35,03,123/-, directed the 3 rd respondent to
deposit the compensation and permitted them to recover the same from the 1 st
respondent. Now the apprehension of the claimant is that, though the 1 st
respondent is the registered owner of the vehicle, the ownership of the vehicle
2025:KER:64696
RP NOS.821,936 & 1124 OF 2025
in MACA Nos.1499,1233 & 1282 of 2015
was already transferred in favour of her father and if the impugned judgment
is executed, the 1st respondent registered owner may proceed against her
father, which will cause more hardships and inconvenience to her. Therefore,
according to the claimant, she does not want the enhanced compensation
awarded in the judgment dated 09.04.2025. Therefore, in these review
petitions, she prays for setting aside the judgment of this court dated
09.04.2025 to the extent it granted compensation in excess of Rs.9,44,686/-.
However, at the time of argument, the learned counsel for the insurer, 1 st
respondent and claimant submitted that Rs.9,44,686/- already deposited
before the tribunal also is to be ordered to be returned to the insurer as
otherwise the insurer will recover the same from the 1 st respondent and the 1st
respondent thereafter will sue the claimant's father for recovering the said
amount. At the time of argument, the learned counsel for the claimant
submitted that, the claimant is ready to repay the amount deposited by the
insurer before the tribunal also.
In the above circumstances, these review petitions are allowed. The
judgment dated 09.04.2025 awarding enhanced compensation to the claimant
2025:KER:64696
RP NOS.821,936 & 1124 OF 2025
in MACA Nos.1499,1233 & 1282 of 2015
is set aside. The claimant is directed to deposit/repay the entire amount
received from the insurer.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
Pvv
