IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 RP.No. 667 of 2011() -------------------- AGAINST THE JUDGEMENT IN WA.1237/2011 Dated 25/08/2011 .................... REVIEW PETITIONERS/APPELLANTS -------------------------------- 1. ABDUL SALAM AGED 48 YEARS,S/O.SABAN FISHERMAN, R/A.BALEYAPURA, ARIKKADIKADAVATH, P.O.KUMBALA, KASARAGOD DISTRICT. 2. RAMLA, W/O.ABDULSALAM, W/O.ABDULSALAM, R/A.BALEYAPURA, ARIKKADIKADAVATH, P.O., KUMBALA, KASARAGOD DISTRICT 3. RAIHANATH, D/O.ABDULSALAM, R/A.BALEYAPURA, ARIKKADIKADAVATH, P.O.,KUMBALA, KASARAGOD DISTRICT 4. RASHEEDA, D/O.ABDULSALAM, R/A.BELEYAPURA, ARIKKADIKADAVATH, P.O.,KUMBALA, KASARAGOD DISTRICT 5. NASSIR,S/O..ABDULSALAM, R/A.BALEYAPURA, ARIKKADIKADAVATH, P.O., KUMBALA, KASARAGOD DISTRICT BY ADV. SRI.KODOTH SREEDHARAN RESPONDENTS/RESPONDENTS: --------------- 1. UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF CIVIL AVIATION NEW DELHI-110001 R.P.Nos.667 & 673/2011 2 2. NATIONAL AVIATION COMPANY OF INDIA LTD., (FORMERLY AIR INDIA CORPORATION) REP.BY ITS CHARIMAN AND THE MANAGING DIRECTOR, CORPORATE OFFICE, AIR INDIA HOUSE, NARIMAN POINT, BOMBAY, THROUGH ITS STATION MANAGER, AIR INDIA, REP.OFFICE AT M.G.ROAD, ERNAKULAM, KOCHI-682016 ADV. SRI.JOSEPH KODIANTHARA, SENIOR ADVOCATE FOR R SRI.V.ABRAHAM MARKOS FOR R SRI.MATHEWS K.UTHUPPACHAN FOR R SRI.BINU MATHEW FOR R SRI.TERRY V.JAMES FOR R SRI.B.J.JOHN PRAKASH FOR R SRI.TOM THOMAS (KAKKUZHIYIL) FOR R SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/09/2011, ALONG WITH RP NO. 673 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------------------- R.P.Nos.667 & 673 OF 2011 in W.A.Nos.1237 & 1197 OF 2011 ---------------------------------------- Dated this the 29th day of September, 2011 O R D E R ~~~~~~~~ C.N.Ramachandran Nair, J. Heard the learned counsel for the review petitioners and the learned senior counsel, Sri.Joseph Kodianthara, appearing for the respondent Company. The issue decided by this Court in the Writ Appeals was whether the respondent Company was liable to pay minimum compensation of one lakh SDRs for the death of a passenger irrespective of actual damage suffered. The question was decided against the review petitioners holding that the review petitioners are entitled to damages for actual loss suffered without any limit, whatsoever. In the Review Petitions, we notice that the grounds raised are the same which are discussed and decided in detail in the Writ Appeal judgment. We do not find any error or mistake in the judgment warranting interference in review. 2. Incidently, we are told that the position remains the same in as much as review petitioners have not gone for further R.P.Nos.667 & 673/2011 2 negotiation with the respondent for increasing the offer made by them, that is, payment of Rs.35 lakhs towards full and final settlement. Eventhough the learned senior counsel submitted that Rs.35 lakhs is upper limit offered by the respondent and that too only in the event of the review petitioners accepting the same as full and final settlement, we feel the balance Rs.15 lakhs also can be ordered to be paid, if review petitioners do not want to negotiate but wish to approach the civil court for claiming balance compensation, if any, payable. Review Petitions lack any merit. However, we direct the respondent to pay Rs.15lakhs to petitioners on their producing a copy of this judgment with a statement that they are not interested in further negotiations. It will be open to the review petitioners to file suit for claiming balance compensation if according to them the same is payable and it will be open to the respondent to resist the claim. Review Petitions are accordingly disposed of as above. (C.N.RAMACHANDRAN NAIR,JUDGE) (P.S.GOPINATHAN, JUDGE) ps/29/9