IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN WEDNESDAY, THE 31^ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 R.P.NO.1237 OF 2022 AGAINST THE ORDER/JUDGMENTMACA 2337/2013 OF HIGH COURT OF KERALA REVIEW PETITIONER/S:

THE MANAGER NEW INDIA ASSURANCE COMPANY LIMITED, SUB JAIL ROAD, ALUVA, ERNAKULAM DISTRICT, PIN - 683101 BY ADV P.K. BABU RESPONDENT/S:

1 SAJEEVAN, AGED 51 YEARS S/O. BALAN, PULIYANARPARAMBIL HOUSE, P.O. KARA KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680664

2 FAIZAL S/O. MOHAMMED, INTHINUL HOUSE, P.O. FLOOR, ERNAKULAM DISTRICT, PIN - 683501

3 SIDDIQUE S/O. MOHAMMED, PAZHUPARAMBIL HOUSE, P.O.

AZHEEKODE, PAY BAZAR, KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680666 4 IJAS AHAMMED

2258/14 CHALLIPARAMBIL HOUSE, P.O. ERIYAD, KODUNGALLOOR, THRISSUR DISTRICT - 680 666, THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON

31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The review petitioner is the 3^rd respondent-insurer in M.A.C.A.No.2337 of 2013, arising out of the award dated 30.08.2013 of the Motor Accidents Claims Tribunal, Irinjalakuda, in O.P(MV)No.630 of 2010. The said original petition was one filed by the 1^st respondent herein-claimant under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained by him in a motor accident, which occurred on 22.04.2010, while he was travelling on a motorcycle bearing registration No.KL-08/AH-6080, as a pillion rider. At the place of the accident, the motorcycle was hit by a lorry bearing registration No.KL-07/H-1825, owned and driven by respondents 2 and 3 herein and insured with the petitioner herein. In the original petition, the claimant claimed a total compensation of Rs.13,46,000/- under various heads, which was limited to Rs.13,00,000/- for the purpose of payment of court fee. The Tribunal, by the award dated 30.08.2013, awarded a total compensation of Rs.5,95,950/- together with interest at the rate of 7.5% per annum from the date of petition till realisation, with proportionate costs. On a finding that the accident occurred due to the rash and negligent driving of the lorry by its driver, the petitioner herein-insurer was directed to satisfy the award.

2. Dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant filed M.A.C.A.No.2337 of 2013 before this Court, which was disposed of by judgment dated 03.12.2019 granting an additional compensation of Rs.3,89,625/- together with interest at the rate of 8% per annum from the date of petition till realisation and the petitioner herein-insurer was directed to satisfy the additional compensation granted in the appeal, together with interest, within a period of two months from the date of receipt of a certified copy of that judgment.

3. Towards permanent disability, the Tribunal awarded a sum of Rs.1,44,000/- [4,000x12x15x20/100]. Since the monthly income of the appellant/claimant was refixed notionally as Rs.6,000/-, applying the multiplier applicable to the age group of 31-35 years and the percentage of the permanent disability as 40%, the compensation under permanent disability was re-fixed as Rs.4,60,800/- [6,000x12x16x40/100], resulting in additional compensation of Rs.3,16,800/- [4,60,800 - 1,44,000].

4. The petitioner-insurer has filed this review petition, invoking the provisions under Order XLVII Rule 1 of the Code of Civil Procedure, seeking a review of the judgment dated 03.12.2019 in M.A.C.A.No.2337 of 2013, by contending that the age of the 1^st respondent-claimant as on the date of the accident was 38 years, which came to the knowledge of the insurer only on production of Annexure-A2 PAN card with Permanent Account No.LOBPS2482E, by the claimant, after the judgment in M.A.C.A.No.2337 of 2013, in which his date of birth is shown as 12.05.1971. If, as on the date of the accident, the 1^st respondent- claimant was aged 38 years, the multiplier applicable is 15, instead of the multiplier of 16 applied by t