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2026 Supreme(Online)(Ker) 7422

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
AJMAL KHAN – Appellant
Versus
DR. DINESH BANSAL – Respondent
RP NO. 1550 OF 2025 | MACA NO.1832 OF 2020



Advocates:
For the Appellants/Petitioners: SRI.A.R.NIMOD, SRI.M.A.AUGUSTINE
For the Respondents: ADV.ALEXY AUGUSTINE

Review petitions allow modification of judicial decisions upon clear factual errors affecting outcomes.

Headnote:This Review Petition pertains to MACA No.1832 of 2020, where the petitioner disputes age miscalculation impacting compensation multipliers as set out in relevant precedents. The Court acknowledged inaccuracies affecting multiplier calculations leading to adjustments in compensation. The Court concluded to allow the review based on substantial errors found evident in the original judgment, modifying it accordingly.

Table of Content
1. modification of compensation based on age miscalculation. (Para 1 , 2 , 4)
2. review concludes with modified compensation awards. (Para 5)

ORDER

This review petition is filed by the appellant in the MACA No.1832/2020, seeking for reviewing the judgment dated

10.10.2025.

2. The learned counsel for the review petitioner submitted that, while rendering the judgment, the age of the appellant was erroneously taken as 31 instead of 25, and consequently the multiplier was adopted as 17 instead of 18. It is further submitted that the review petitioner has produced the notarized copies of the SSLC book as well as the passport to prove that the date of birth of the claimant is 01.05.1982. The copies of the documents were served on the learned standing counsel appearing for the insurance company and have verified the same.

3. The accident was on 16.09.2007. The date of birth being

01.05.1982, his age was 25 years as on the date of accident. On a perusal of the documents, the name of the claimant is shown as Khan S.A. The learned counsel for the review petitioner also handed over a certificate dated 08.08.2014 issued by the Village Officer, Kumali, wherein it is stated that Khan S.A. and Ajmal Khan are one and the same person.

4. Since the age of the claimant was wrongly taken as 31 years instead of 25 years and the multiplier was erroneously adopted as ‘17’ instead of ‘18’, I find that there was an error apparent on the face of the record and therefore, the review petition is allowed.

5. Since the age of the review petitioner was 25 years,I find that the correct multiplier to be adopted is ‘18’ and not ‘17’. Thus, the compensation payable under the head bystander expenses and compensation for permanent disability are to be recalculated.

Bystander expenses :- Since the correct multiplier to be adopted is ‘18’, compensation payable under the said head is recalculated thus :- 6,000 x 12x 18 = ₹12,96,000/-. This Court has already awarded an amount of ₹12,24,000/-. Thus, there will be an additional amount of72,000/- under the said head.

Permanent and continued disability :- Since the multiplier to be adopted is ‘18’, the compensation under the said head is recalculated thus :- 14,000x12,18x100/100 = 30,24,000/-. Since this Court has already awarded an amount of ₹28,56,000/-, there will be an additional amount of ₹1,68,000/- under the said head.

The Judgment dated 10.10.2025 passed by this court is modified to the above extent and accordingly, the review petition is disposed of.

Sd/-

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