Single judge allowed the review petition to correct clerical errors in the award calculation of compensation for permanent disability and total disability, enhancing the amounts based on modified monthly income.
Para 11 and 12 of the order dated 08.03.2023 in M.A.C.A.No.1733 of 2012 were substituted to increase compensation amounts.
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 MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945
RP NO. 1141 OF 2023
AGAINST JUDGMENT DATED 08.03.2023 IN MACA NO.1733/2012
REVIEW PETITIONER/APPELLANT:
SAJEEV
AGED 53 YEARS
S/O.SANKARA PILLAI, MOONNAMVILA VEEDU (SREELEKSHMI),
UMAYANALLOOR P.O, KOLLAM, PIN – 691 589
BY ADVS.SRI.PRATHEESH.P
SMT.ANJANA KANNATH
RESPONDENT/RESPONDENT:
THE DIVISIONAL MANAGER
NEW INDIA ASSURANCE CO. LTD., KOLLAM, PIN – 691 001
BY ADVS. SRI.P.A. FIROZKHAN
SRI.N.S.MOHAMMED USMAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
21.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P.No.1141 of 2023
in M.A.C.A.No.1733 of 2012
2
ORDER
Dated this the 21st day of November, 2023
This is an application filed seeking to review the impugned award for the reason that a clerical mistake has been crept into the award while maintaining the compensation for permanent disability. It is found stated in the affidavit filed in support of the application that though the monthly income was enhanced by this Court to `5,000/- and compensation for loss of earning was calculated on its basis, this Court has maintained the compensation stood awarded by the Tribunal for permanent disability without it being enhanced on the basis of the modified monthly income.
R.P.No.1141 of 2023
in M.A.C.A.No.1733 of 2012
3
the award towards last, “Compensation for permanent wholebody disability is calculated afresh on the basis of the modified monthly income and 90,000/- (5,000/- x 12 x 15 x 10/100) is arrived at. 45,000/- stood awarded by the Tribunal when adjusted against, the petitioner will get 45,000/- (90,000/- - 45,000/-) as additional compensation”, shall be substituted in the place of “Compensation stood awarded under the head permanent wholebody disability is maintained, being just and reasonable.”
1,18,700/- (Rupees One lakh eighteen thousand and seven hundred only) (25,000/- + 2,000/- + 3,000/- + 500/- + 3,200/- + 25,000/- + 15,000/- + 45,000/-)” shall be substituted in the place of “73,700/- (Rupees Seventy three thousand and seven hundred only) (25,000/- + 2,000/+ 3,000/- + 500/- + 3,200/- + 25,000/- +R.P.No.1141 of 2023
in M.A.C.A.No.1733 of 2012
4
`15,000/-)”.
Review Petition is allowed accordingly. The above correction shall be incorporated in the impugned award after getting certified copies if any, already issued to the parties in return.
Sd/-
MARY JOSEPH
JUDGE
NAB
1 issue framed by the court
Whether the review petition seeking correction of clerical mistakes in the compensation calculation in the motor accident claims award should be allowed?
SAJEEV
THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., KOLLAM
MARY JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court