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2026 Supreme(Online)(Ker) 6343

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
AJESHKUMAR, S/O. RAJAN – Appellant
Versus
NEW INDIA ASSURANCE CO. LT – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JOSEPH GOPURAN
For the Respondents: SHRI.PMM.NAJEEB KHAN

Table of Content
1. review of compensation award under policy conditions. (Para 1 , 2 , 3)
2. arguments on violation of policy rights. (Para 4 , 5)
3. court's recognition of error in judgment. (Para 6 , 7 , 8)
4. final decision on recovery of compensation. (Para 9)

ORDER This review petition is filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure , 1908, seeking review of the judgment of this Court dated 13.11.2024 passed in M.A.C.A. No.1179/2018.

2. The review petitioner is the second respondent in M.A.C.A.

No.1179/2018, which was filed seeking enhancement of the compensation awarded in O.P.(MV) No.577/2014 on the file of the Motor Accident Claims Tribunal, Irinjalakuda. The said original petition was filed seeking compensation for the injuries sustained by the petitioner in a motor accident that occurred on 31.03.2014. The Motor Accidents Claims Tribunal disposed of the said original petition by awarding a compensation of Rs.7,56,100/- with 8% interest and proportionate costs.

3. By judgment dated 13.11.2024 in M.A.C.A. No.1179/2018, this Court enhanced the compensation by a further sum of ₹2,13,600/- with interest at the rate of 7.5% per annum on the enh

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