IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 RP.No. 624 of 2011() -------------------- AGAINST THE JUDGEMENT IN MACA.1189/2005 Dated 03/08/2010 .................... REVIEW PETITIONER(S): APPELLANTS:- ---------------------- 1. GOURI AMMA, W/O.THE LATE NEELAKANTAN AGED 68 YEARS, EDAYATTIL HOUSE AMBALAMEDU PO, PUTHENCRUZ VILLAGE KUNNATHUNADU TALUK. 2. JANARDHANAN, S/O.THE LATE NEELAKANTAN AGED 68 YEARS, EDAYATTIL HOUSE AMBALAMEDU PO, PUTHENCRUZ VILLAGE KUNNATHUNADU TALUK. 3. HARIKUMAR, S/O. THE LATE NEELAKANTAN AGED 68 YEARS, EDAYATTIL HOUSE AMBALAMEDU PO, PUTHENCRUZ VILLAGE KUNNATHUNADU TALUK. BY ADV. DR.K.P.PRADEEP RESPONDENT(S): RESPONDENTS:- --------------- 1. SIDDIKH , S/O.ISMAIL, AGED 29 YEARS KANJIRATHIPPARAMBU HOUSE, MUPPATHADAM KARA, KADUNGALOOR VILLAGE N.PARAVUR TALUK PIN 682 003. 2. JOHN V VITHAYATHIL, 33/2173 AVILA HOUSE, P.O.C.LATE, VENNALA P.O, ERNAKULAM DISTRICT PIN 682 027. 3. NATIONAL INSURANCE COMPANY LTD ALUVA DIVISIONAL OFFICE, URUMBATH BUILDINGS PUMP JUNCTION, ALUVA PIN 680001. BY ADV. SMT. SARAH SALVY, S.C. FOR R3 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX ANNEXURE-A: CERTIFIED COPY OF EXT A8 IN OV(MV) 267/2000 BEFORE THE MACAT, PERUMBAVOOR. ANNEXURE-B: CERTIFIED COPY OF THE CORRECTED AWARD IN OP(MV) 267/2000 BEFORE THE MACAT, PERUMBAVOOR. ANNEXURE-C: CERTIFIED COPY OF THE JUDGMENT DATED 3-8-2010 IN MACA 1189/2005 OF THIS HONOURABLE COURT. V.RAMKUMAR & P.Q.BARKATH ALI, JJ =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= R.P No. 624 of 2011 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 29th day of August, 2011. O R D E R Ramkumar, J. Petitioners in this review petition were the appellants in the above appeal which was allowed in part by this Court as per judgment dated 3-8-2010 enhancing the amount by Rs.38,000/- OP(MV) No.267/2000 on the file of Motor Accidents Claims Tribunal, Perumbavur arose out of the death of one E.V.Raghu of whom the petitioners/appellants are the legal representatives. Raghu was aged 23 years at time of accident. He was the pillion rider in the motor cycle in question. As against the claim of Rs.7.56 lakhs, the tribunal awarded a compensation of Rs.1,12,300/-. It was dissatisfied by the said award that the petitioners preferred the above appeal and this Court enhanced the award by Rs.38,000/-. 2. The contention of the review petitioners is that both the Tribunal as well as this Court went wrong in finding that RP 624/2011 2 deceased Raghu was having only driving license for driving light motor vehicles. It is agreed that as evidenced by Exhibit A8 licence, Reghu had the authority to drive heavy vehicles for which the necessary permit was added to his license was also add alone is license with effect from 14-1- 1998. According to the petitioners, the monthly income taken as Rs1,800/- and which was enhanced to Rs.2,500/- by this Court was without reckoning the fact that the deceased was having a heavy vehicle license. The review petitioners would contend that his monthly income should have been taken as at least Rs. 4,500/- 3. Both the Tribunal as well as this Court found that no evidence was adduced regarding the monthly income of the deceased who was aged only 23 years. Merely because he was having a heavy license authorizing him to drive heavy vehicles, it cannot be assumed that his monthly income would have been more, particularly when no evidence was adduced in support of the claim that his monthly income was Rs.4,500/-. We do not find any RP 624/2011 3 irregularity or error apparent in the face of the record so as to entertain this review petition. This review petition is accordingly dismissed. V.RAMKUMAR,JUDGE P.Q.BARKATH ALI, JUDGE rkc/mn