SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 8095

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
GEETHA, SAJEESH SADASIVAN, SANGEETHA SADASIVAN – Appellant
Versus
GEETHAKUMARI, SADASIVAN, ANUKUTTAN, THE ORIENTAL INSURANCE CO.LTD – Respondent
RP NO. 1298 OF 2025 | MACA NO. 2298 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.R.MOHANA BABU, SRI.M.AJITH, SRI.N.P.PRADEEP
For the Respondents: SRI.K.SIJU, SMT.ANJANA KANNATH, SMT.SAFNA P.S., SHRI.GAUTHAM SIJU, SMT.K.S.SANTHI

The inherent power of review is not a tool for rehearing cases without clear, substantial errors.

Headnote:The review petition concerns MACA No.2298 of 2025, where the appellants seek to review the dismissals due to substantial delays in appeal (1542 days). The court determined that no apparent errors existed justifying a review, thereby upholding the previous dismissal. The primary issue was whether the review indicated substantial flaws in the earlier judgment. The court held that the review was an attempt at rehearing the matter instead of substantiating claims of errors. Thus, it concluded with the dismissal of the review petition.

Table of Content
1. issuance of review based on delay and prior dismissals. (Para 1)
2. arguments regarding flaws and lack of error in the original judgment. (Para 2 , 3 , 4)
3. final ruling emphasizing the absence of reviewable errors. (Para 5)

O R D E R

This review petition is filed by the appellants in MACA No.2298 of 2025, who were the claimants in O.P.(MV) No.528 of 2015 before the Motor Accidents Claims Tribunal, Kollam, seeking review of the judgment dated 11.08.2025 rendered by this Court in MACA No.2298 of 2025. The application for condonation of delay of 1542 days in filing the appeal was dismissed and consequently the appeal was also dismissed.

2. Heard the learned counsel for the review petitioners and the learned Standing Counsel for the respondent.

3. Learned counsel for the review petitioners submitted that the judgment rendered in the appeal is liable to be reviewed, as it suffers from serious material flaws and errors apparent on the face of the record. It is further submitted that the power of review is an inherent power of this Court and ought to be exercised in the facts and circumstances of the case.

4. Though no counter affidavit is filed by the respondent it is argued that there is no error apparent on the face of the record for this court to interfere.

5. It is trite that a review is not to be an attempted rehearing of the appeal and delay condonation petition in disguise. What is being attempted through this review is essentially a rehearing of the appeal and delay condonation petition. A detailed and considered order is passed by this court while dismissing the delay petition.

I do not find any error apparent on the face of the record, warranting the review petition to be entertained. The review petition is accordingly dismissed.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top