2025:KER:28479 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. 302 OF 2025 AGAINST THE JUDGMENT DATED 14.02.2025 IN MACA NO.295 OF 2021 OF HIGH COURT OF KERALA REVIEW PETITIONERS/1ST RESPONDENT: THE NEW INDIA ASSURANCE COMPANY LTD BRANCH OFFICE, PERINCHERY BUILDING, ROUND NORTH, THRISSUR 680 001, REP.BY BRANCH MANAGER. BY ADV M.M.IRSHAD MOOPPAN RESPONDENT S / APPELLANT AND RESPONDENTS 2 TO 4 : 1 SUJITH AGED 36 YEARS S/O.SANKARAN, AKATHEPARAMBIL HOUSE, P.O.THOTTIPAL, MULANGU, THRISSUR, PIN - 680310 2 MERCY W/O.LATE JOSHY, 15/368, KANJIRATHINGAL HOUSE, P.O.ERAVU, THRISSUR DT., PIN - 680620 3 PRINCE S/O.LATE JOSHY, 15/368, KANJIRATHINGAL HOUSE, P.O.ERAVU, THRISSUR DT., PIN - 680620 4 SONIA D/O.LATE JOSHY, 15/368, KANJIRATHINGAL HOUSE, P.O.ERAVU, THRISSUR DT., PIN - 680620 SRI. A.R NIMOD-R THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP No.302/2025 in MACA No.295/2021 2 2025:KER:28479 EASWARAN S., J ..................................... RP No.302 of 2025 IN MACA No.295 of 2021 ...................................… Dated this the 28th day of March, 2025 ORDER This is an application seeking review of the judgment dated 14.02.2025 in MACA No.295/2021. 2. Heard, Sri.M.M.Irshad Moopan – learned counsel appearing for the review petitioner and Sri.A.R.Nimod – learned counsel appearing for the claimants. 3. The learned counsel for the review petitioner pointed out that while allowing the appeal of the claimants enhancing the compensation, this Court did not grant liberty to the Insurance Company to recover the enhanced compensation from the legal heirs of the deceased owner. 4. On a perusal of the award passed by the Motor Accidents Claims Tribunal, it is evident that the Tribunal had granted liberty to the Insurance Company to recover the amount from the legal heirs of deceased 1st respondent in the original RP No.302/2025 in MACA No.295/2021 3 2025:KER:28479 petition, i.e. respondents 2 to 4 in the appeal. Therefore, while rendering the judgment, by an inadvertent error, the said liberty reserved in favour of the Insurance Company was not extended by this Court and thus an error apparent on the face of the record occurred warranting the exercise of the power of review. In the above circumstances, the review petition is allowed. It is made clear that the Insurance Company will be at liberty to recover the enhanced compensation from the legal heirs of the deceased 1st respondent in the original petition, i.e. respondents 2 to 4 in the appeal, as ordered by the Tribunal. Sd/- EASWARAN S. JUDGE ACR