IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 29 of 2010()
1. T.GEENA, MANKULATHU VEEDU,
... Petitioner
2. GEENA DIVYA(MINOR),
3. K.AMBUJAKSHI, VENKETESWARA NILAYAM,
Vs
1. NEW INDIA ASSURANCE COMPANY LTD.,
... Respondent
For Petitioner :SRI.K.B.PRADEEP
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :22/10/2010
O R D E R
J.Chelameswar, C.J. & P.N.Ravindran, J.
------------------------------------------
R.P.No. 29 of 2010 in
M.A.C.A.No.638 of 2004
------------------------------------------
Dated this the 22nd day of October, 2010
ORDER
Ravindran, J.
This is an application seeking review of the judgment
delivered by a Division Bench of this Court on 12th June, 2008 in
M.A.C.A.No.638 of 2004. The appeal filed by the legal heirs of the
victim of a motor accident was allowed in part and compensation
was enhanced by a further sum of Rupees ten thousand. The
Division Bench declined to enhance the compensation on other
grounds.
2. In this review petition the petitioners seek
enhancement of the compensation. It is contended that the fixation
of the monthly income at Rupees three thousand is on the lower side
and that having regard to Ext.A9 certificate and the periodical
increases in salary, this Court ought to have fixed a higher monthly
R.P.No.29 of 2010
– 2 –
income. What the review petitioners/appellants seek in this
review petition is virtually a rehearing of the appeal which, it is
well settled, is not permissible in a review petition. We,
therefore, find no grounds to entertain the review petition. The
review petition fails and is accordingly dismissed.
J.Chelameswar,
Chief Justice
P.N.Ravindran,
Judge
vns