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High Court of KeralaRP/158/2015allowed

Biju P.Chacko v. Thomas Joseph @ Laly

2015-03-06Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice T.R.Ramachandran Nair2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 RP.No. 158 of 2015 () IN MACA.1886/2012 ----------------------------------------- AGAINST THE ORDER/JUDGMENT IN MACA 1886/2012 of HIGH COURT OF KERALA DATED 12-01-2015 REVIEW PETITIONER/APPELLANT:

---------------------------- BIJU P.CHACKO PURACKAL HOUSE, ENADI BHAGOM, CHEERAMCHIRA P.O. VEROOR, CHANGANACHERRY, KOTTAYAM.

BY ADVS.SRI.K.A.HASHIM SRI.M.I.ISMAIL RESPONDENTS/RESPONDENTS:

------------------------

1. THOMAS JOSEPH @ LALY KIZHAKEPARAMBIL HOUSE, VEROOR, CHANGANACHERRY KOTTAYAM, PIN-686101.

2. THE NATIONAL INSURANCE CO.LTD.

CHANGANACHERRY BRANCH, KOTTAYAM, PIN-68611.

R BY SRI.M.A.GEORGE R2 BY SRI.P.JACOB MATHEW THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & P.V ASHA, JJ.

----------------------------------------------------- R.P.No.158 of 2015 in M.A.C.A No.1886 of 2012 ---------------------------------------------------- Dated this the 6th day of March, 2015

O R D E R

Ramachandran Nair, J.

We heard the learned counsel for the review petitioner and the learned counsel for the Insurance Company. It is not necessary to hear the 1st respondent since the Review Petition is concerned only with an inadvertent error, in that this Court has not granted interest for the compensation amount. The Insurance Company has the liability to satisfy the award, as per the award of the Tribunal.

2.

We make it clear that the appellant will be entitled for interest @ 9% per annum for the enhanced amount of compensation from the date of petition. The judgment rendered will stand modified to that extent. The Registry will issue the corrected copy of the judgment incorporating the same. The Review Petition is accordingly allowed. There will be no order as to costs.

Sd/- T.R.RAMACHANDRAN NAIR Judge Sd/- P.V.ASHA Judge rtr/ /true copy/ P.S to Judge