A Venugopalan v. M.B.Madhu

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 RP.No. 197 of 2015 IN MACA.2515/2014 ----------------------------------------- AGAINST THE JUDGMENT IN MACA 2515/2014 of HIGH COURT OF KERALA DATED 21-01-2015 REVIEW PETITIONER/APPELLANT:

---------------------------- A VENUGOPALAN, AGED 55 YEARS S/O. KRISHNAN NAIR, MANGATTIL HOUSE, MANGALIYATH NADA IRUMBANAM P.O., ERNAKULAM DISTRICT.

BY ADVS.SRI.R.RAGHUNANDANAN SRI.T.B.SURENDRAN RESPONDENT(S)/RESPONDENTS :

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

1. M.B.MADHU S/O. BOSE, MUNDEPADATH HOUSE, VADAKKEKARA P.O. NORTH PARAVOOR, NEENDOOR-683 522.

2. THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, ALUVA-1. R, BY SRI.P.V.JYOTHI PRASAD THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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

----------------------------------------------------- R.P.No.197 of 2015 in M.A.C.A No.2515 of 2014 ---------------------------------------------------- Dated this the 30th day of March, 2015

O R D E R

Asha, J.

This Review Petition is filed pointing out that a sum of Rs.7,500/- which was awarded under the head `future treatment' has not been incorporated in the table. Yet another relief sought for is denial of compensation as against `loss of amenities and enjoyment in life' claimed at Rs.25,000/-.

2.

We heard the learned counsel for the petitioner as well as the respondents. We find that a mistake has occurred in not incorporating the amount awarded under the head `future treatment' in the table. Accordingly the table shall stand corrected incorporating a sum of Rs.7,500/- as against the head of future treatment and the total compensation will stand corrected as Rs.1,25,300/- (Rupees One lakh twenty five thousand and three hundred only).

3.

The relief regarding grant of compensation under the head `loss of amenities and enjoyment in life' was already

R.P.No.197 of 2015 in M.A.C.A No.2515 of 2014 rejected by us and therefore we do not find any grounds for reviewing the same and modifying the judgment in M.A.C.A No.2515/2014 on that aspect.

The Review Petition is allowed to the above extent and the judgment dated 21.01.2015 in M.A.C.A No.2515/2014 shall stand modified accordingly.

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