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2026 Supreme(Online)(Ker) 19908
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER – Appellant
Versus
SEBASTIAN @ KUNJUMON – Respondent
RP NO. 201 OF 2026 | MACA NO. 3694 OF 2018
For the Appellants/Petitioners: P. JACOB MATHEW
A court may correct judicial errors, ensuring that the original rights granted are upheld despite prior omissions.
Headnote:The review petition concerns the omission by the court to grant a recovery right to the insurance company as per the original award. The tribunal had ruled on the company’s recovery right which the court inadvertently overlooked in the prior judgment. The court acknowledges this error and allows the review, thereby securing the company's right to recover from the corresponding respondents. Resultantly, the judgment is amended to state that on payment of enhanced compensation, the insurance company may recover from the respondents.
| Table of Content |
|---|
| 1. omission in judgment requires correction. (Para 1 , 2) |
| 2. court acknowledges the error in judgment. (Para 3) |
O R D E R
This review petition is filed by the 3rd respondent/insurance company in the appeal seeking for a review of the judgment dated
10.12.2025 in M.A.C.A.No.3694 of 2018 passed by this Court.
2. The learned standing counsel for the review petitioner submitted that the tribunal, in the original award, had granted recovery right to the insurance company to recover the amount from respondents 1 and 2. But in the judgment dated 10.12.2025, this court has omitted to grant the recovery right to recover the amount from respondents 1 and 2 and seeks for review of the judgment.
3. On a perusal of the award and the judgment, it is found that this Court, while rendering the judgment dated 10.12.2025, had omitted to grant the insurance company the right to recover the amount from respondents 1 and 2, which is an error apparent on the face of the record. Hence, the mistake in the judgment requires to be corrected accordingly.
In the result, the review petition is allowed as follows:-
On page 9, after the last paragraph of the judgment, the following sentence shall be added.
‘On payment of the enhanced compensation, the insurance company will be at liberty to recover the said amount from respondents 1 and 2’.
Sd/-
