IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 RP.No. 359 of 2011() -------------------- AGAINST THE JUDGEMENT IN MACA.1176/2009 Dated 21/02/2011 .................... REVIEW PETITIONER(S): PETITIONER/3RD RESPONDENT ----------------------------------------------- UNITED INDIA INSURANCE COMPANY LIMITED, PALAKKAD NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE,"SHARANYA",HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENTS/APPELLANTS & RESPONDENTS 4 TO 6 ---------------------------------------------- 1. P.C.SHARMILA,W/O.LATE C.S.SOMASUNDARAN, ANUGRAHA,37-A MOUNT ROAD,COONOOR NILAGIRIES, NOW RESIDING AT "VISWAS",NEAR YUVAKSHETRA, EZHAKKAD POST PALAKKAD DISTRICT-678600. 2. S.SREYA(MINOR AGED 11)D/O.LATE C.S.SOMASUNDARAN,REPRESENTED BY NEXT FRIEND AND GUARDIAN MOTHER P.C.SHARMILA,NOW RESIDING AT "VISWAS",NEAR YUVAKSHETRA,EZHAKKAD POST PALAKKAD DISTRICT-678600. 3. RETNAKUMARI,D/O.LATE A.A.DEVAKI, CHULLIYIL HOUSE,KOTTAYI POST,ALATHUR, PALAKKAD-678541. 4. PRESEETHA,D/O.LATE DEVAKI,CHULLIYIL HOUSE,KOTTAYI POST,ALATHUR,PALAKKAD-678541. 5. PRAMEELA,D/O.LATE DEVAKI,CHULLIYIL HOUSE,KOTTAYI POST,ALATHUR,PALAKKAD-678541. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - R.P.No.359 OF 2011 IN M.A.C.A.No.1176 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2011 JUDGMENT Barkath Ali, J. This review petition is filed by the third respondent in the above M.A.C.A. seeking to review the judgment in the M.A.C.A. dated February 21, 2011. 2. By judgment dated February 21, 2011, we have disposed of the M.A.C.A. holding that the claimants are found entitled to an additional compensation of Rs.9,12,500/-. Claimants who are the wife and daughter of deceased Somasundaran filed the O.P. before the Tribunal claiming a compensation of Rs. 40 lakhs for the loss caused to them on account of the death of deceased in that accident. 3. The Tribunal assessed a compensation of Rs. 41,25,000/-, but awarded Rs.28,00,000/- finding that there was contributory negligence to the extent of 20% on the part of the deceased. By judgment dated February 21, 2011, we have found that there was only 10% contributory negligence on the part of the deceased and found that RP.No.359/2011 2 claimants are entitled to a compensation of Rs. 37,12,500/-. The Tribunal has also deducted Rs.5,00,000/- out of the compensation due to the claimants on the ground that the claimants have received that amount under medi-claim. As the claimants produced documents to show that deduction was made only for Rs.50,000/-, we have found that only Rs.50,000/- to be deducted from the compensation due to the claimants. Now the third respondent Insurance Company has filed this review petition seeking to review the judgment on the ground that against the same award, the Insurance company has also filed M.A.C.A.No.1773/2009 and that therefore both these appeals may be jointly heard and disposed of. Further, our finding regarding reducing the contributory negligence on the part of the deceased is also sought to be reviewed. 4. On going through the records, we find that all the grounds raised by the third respondent Insurance Company in M.A.C.A.No.1773/2009 were considered by us and awarded enhancement of the compensation. Therefore, we find no ground to review our judgment dated February 21, 2011. RP.No.359/2011 3 In the result, the review petition is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. RP.No.359/2011 4