This review petition by the legal heirs of a bus accident victim challenged a clerical error in the prior judgment. The court corrected the order to direct the deposit amount from the first respondent (driver) to the second respondent (KSRTC).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
& THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937
RP.No. 929 of 2015 () IN MACA.76/2011
AGAINST THE JUDGMENT IN MACA 76/2011 OF HIGH COURT OF KERALA DATED 10.8.2015
REVIEW PETITIONERS/APPELLANTS/PETITIONERS:
1. ACHAMMA DEVASIA @ ALIAMA W/O LATE DEVASIA VARGHESE, AGED 50 YEARS, PAZHAYAKULAM HOUSE ANAMUKKU BHAGAM, KURIHI KARA, KURICHI VILLAGE
2. ROY P.D
3. BIJU P.D. S/O LATE DEVASIA VARGHESE, AGED 31 YEARS, PAZHAYAKULAM HOUSE ANAMUKKU BHAGAM, KURICHI KARA, KURICHI VILLAGE
4. BINOY P.D
5. VIPIN DEVASIA
6. ALIAMA VARGHESE W/O LATE VARGHESE, AGED 79 YEARS, PAZHAYAKULAM HOUSE ANAMUKKU BHAGAM, KURICHI KARA, KURICHI VILLAGE DIED)
BY ADVS.SRI.K.A.HASHIM SRI.M.I.ISMAIL
RP.No. 929 of 2015 () IN MACA.76/2011
RESPONDENTS/RESPONDENTS/RESPONDENTS:
1. NATARAJAN S/O JOHN, PATHIYIL HOUSE, NEAR TEMPLE VALLIKUNNU KARA, VALLIKUNNU VILLAGE, ALAPPUZHA PO -688 001
2. THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM-695 001
R2 BY SRI.M.GOPIKRISHNAN NAMBIAR, SC, KSRTC
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 11-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
shg/
C.T. RAVIKUMAR & K.P. JYOTHINDRANATH, JJ.
- - - - - - - - - - - - - - - - - - - - - - -
R.P.No.929 of 2015
in
MACA No.76 of 2011
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2015
O R D E R
Jyothindranath, J.
This review petition is filed highlighting the point that while MACA 76/2011 was disposed of by this court by its judgment dated 10.8.2015 an error crept in the operative portion as the direction was to deposit the amount by the first respondent, who is the driver of the bus involved in the accident.
We heard the learned Standing Counsel for the K.S.R.T.C., who conceded that it is only a clerical error.
After hearing the parties, the direction to the first respondent seen in the operative portion of the judgment shall be corrected as the direction to the second respondent i.e. on the second line on the 5th page of the judgment where the “first respondent” appears shall be substituted by the word “second respondent”.
If the judgment is already communicated to the lower court or certified copies are issued, it shall be called back/returned and shall be corrected on usual terms. Sd/-
C.T. RAVIKUMAR JUDGE Sd/-
K.P. JYOTHINDRANATH JUDGE
shg/
Achamma Devasia
King Kochi Electric Coach Works
Natarajan
Kerala State Road Transport Corporation
C.T. Ravikumar
K.P. Jyothindranath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
