2025:KER:28490 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 RP NO. 189 OF 2025 AGAINST THE JUDGMENT DATED 20.01.2025 IN MACA NO.1618 OF 2021 OF HIGH COURT OF KERALA REVIEW PETITIONER/3RD RESPONDENT: THE ICICI GENERAL INSURANCE CO.LTD ELIZABETH ALEXANDER MEMORIAL BUILDING, SHANMUGHAM ROAD, KOCHI-682003, REPRESENTED BY ITS LEGAL MANAGER, M.T. PLAZA, KALOOR-KADAVANTHRA ROAD, KALOOR, KOCHI, PIN - 682017 BY ADVS. GEORGE A.CHERIAN LATHA SUSAN CHERIAN RESPONDENT S / APPELLANTS & RESPONDENTS 1 & 2 : 1 BEEPATHU AGED 71 YEARS W/O LATE KUNJU MUHAMMED, RESIDING AT KALAPPURAKKAL @ PADINJARE KARUVELI HOUSE, KARIMAKKAD,THRIKKAKARA.P.0., KAKKANAD, ERNAKULAM, PIN - 682021 2 K.K.SALIM AGED 44 YEARS S/O LATE KUNJU MUHAMMED, KALAPPURAKKAL @ PADINJARE KARUVELI HOUSE, KARIMAKKAD, THRIKKAKARA.P.O . , KAKKANAD, ERNAKULAM, PIN - 682021 3 SUDHEER AGED 40 YEARS S/O LATE KNJU MUHAMMED, KALAPPURAKKAL @ PADINJARE KARUVELI HOUSE, KARIMAKKAD, THRIKKAKARA.P.O . , KAKKANAD, ERNAKULAM, PIN - 682021 RP No.189/2025 in MACA No.1618/2021 2 2025:KER:28490 4 SHAMALA KUNJUMOHAMMED AGED 38 YEARS D/O LATE KUNJU MUHAMMED, KALAPPURAKKAL @ PADINJARE KARUVELI HOUSE, KARIMAKKAD, THRIKKAKARA.P.O; KAKKANAD, ERNAKULAM, PIN - 682021 5 SHAHINA BEERAN AGED 38 YEARS D/O LATE KNJU MUHAMMED, KALAPPURAKKAL @ PADINJARE KARUVELI HOUSE, KARIMAKKAD, THRIKKAKARA. P.O. , KAKKANAD, EMAKULAM, PIN - 682021 6 JASMI BEEGUM W/O SAIFUDHEEN, MAKKIYA HOUSE, EDARIKKODU.P.O. , THIROORANGADI TALUK, MALAPPURAM, PIN - 676501 7 SAIFUDHEEN H. S/O HALEED.P„ MAKKIYA HOUSE, EDARIKKODU.P.O. , THIROORANGADI TALUK; MALAPPURAM, PIN - 676501 SMT. M.M BABY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP No.189/2025 in MACA No.1618/2021 3 2025:KER:28490 EASWARAN S., J ..................................... RP No.189 of 2025 IN MACA No.1618 of 2021 ...................................… Dated this the 28th day of March, 2025 ORDER The review petition is preferred by the Insurance Company aggrieved by the judgment of this Court dated 20.01.2025. The case of the Insurance Company is that while this Court enhanced the compensation under the head loss of dependency, the appellants were not entitled to reckon future prospects towards the income fixed by this Court of the deceased Kunju Muhammed. 2. Heard, Sri.Latha Susan Cheriyan – learned counsel appearing for the review petitioner and Smt.M.M.Baby – learned counsel appearing for the claimants. 3. On a consideration of the rival submissions raised across the Bar, this Court finds that there is an error apparent on the face of the record in the judgment impugned in this review petition. Admittedly, the age of the deceased Kunju Muhammed RP No.189/2025 in MACA No.1618/2021 4 2025:KER:28490 was 70 years and therefore the claimants were not entitled to reckon any future prospects to his income. Therefore, this Court committed an error while awarding the compensation under the head loss of dependency. In the above circumstances, a case has been made out for interference. Thus the review petition is allowed and the enhanced compensation under the head loss of dependency is reworked as follows: [17325x12x5x3/4] – 3,60,000 = Rs.4,19,625/-. Sd/- EASWARAN S. JUDGE ACR