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) 17710

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
THE NEW INDIA ASSURANCE COMPANY LTD – Appellant
Versus
LAKSHMI – Respondent
RP NO. 157 OF 2026|MACA NO.3275 OF 2019



Advocates:
For the Appellants/Petitioners: SRI.DINESH MATHEW J.MURICKEN
For the Respondents: SRI, ABU MATHEW

Errors apparent on the face of the record warrant reconsideration of judgments to ensure compensation's accuracy.

Headnote:The Review Petition is initiated by the Insurance Company against the judgment in M.A.C.A. No.3275 of 2019 invoking an error apparent in the record. The court finds a clerical oversight with compensation enhancement not accounting for prior awards, leading to an excess payment. Issues framed include the existence of the clerical error and its correction. The court's reasoning revolves around procedural fairness and accuracy of compensation calculations, ultimately allowing the Review Petition and recalling the prior judgment for rectification.

Table of Content
1. review petition regarding compensatory findings. (Para 1)
2. correction of clerical oversight in compensation. (Para 2)

O R D E R

(Dated this the 2nd day of March 2026)

This Review Petition is preferred by the Insurance Company, who was the respondent in M.A.C.A., against the judgment in M.A.C.A. No.3275 of 2019 dated 12.09.2025, on the ground that there is an error apparent on the face of the record.

2. The learned counsel for the petitioner (Insurance Company) submits that the Tribunal had originally awarded ₹40,000/- under the head of 'loss of consortium.' However, while enhancing the compensation in appeal, this Court enhanced the same to ₹1,32,000/- (inclusive of a 10% escalation) without deducting the ₹40,000/- already granted by the Tribunal. This resulted in an inadvertent mistake of over- payment of ₹40,000 (with 10% escalation) under this specific head.

Upon perusal of the judgment, it is evident that a clerical oversight occurred during the calculation. The failure to adjust the Tribunal's initial award against the enhanced amount constitutes an error apparent on the face of the record.

In view of the above, the Review Petition is allowed. The judgment dated 12.09.2025 in M.A.C.A. No. 3275 of 2019 is hereby recalled for correction.

BASANT BALAJI JUDGE dl/

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