Kerala High Court
Sineeja Rajan vs United India Insurance Company Limited on 30 March, 2026
Author: Murali Purushothaman
Bench: Murali Purushothaman
2026:KER:28553
R.P.No.1688 of 2025 in MACA No.1758/15
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
RP NO. 1688 OF 2025
AGAINST THE JUDGMENT DATED 10.12.2021 IN MACA NO.1758 OF
2015 OF HIGH COURT OF KERALA
REVIEW PETITIONERS/APPELLANTS & LEGAL HEIRS OF DECEASED 4TH
APPELLANT:
1 SINEEJA RAJAN, AGED 40 YEARS
THAIPARAMBIL, PONNAMKAYAM, THIRUVAMPAD P
O,THALIPARAMBA, KOZHIKODE DISTRICT,, PIN - 673572
2 ROHITH N, AGED 19 YEARS
S/O. LATE RAJAN, THALAPPARAMBIL, PONNAMKAYAM,
THRIUVAMBADY PO, THAMBALAMANNA, KOZHIKODE, PIN -
673320
3 ROSHNA RAJAN, AGED 18 YEARS
D/O. LATE RAJAN, THALAPPARAMBIL, PONNAMKAYAM,
THRIUVAMBADY PO, THAMBALAMANNA, KOZHIKODE - 673320
4 GOPI T.K (EXPIRED), AGED 75 YEARS
LATE RAJAN, THALAPPARAMBIL, PONNAMKAYAM, THRIUVAMBADY
PO, THAMBALAMANNA, KOZHIKODE, PIN - 673572
5 LAKSHMI, AGED 73 YEARS, W/O. LATE GOPI,
THALAPPARAMBIL, PONNAMKAYAM, THRIUVAMBADY PO,
THAMBALAMANNA, KOZHIKODE, PIN - 673572
6 GOPIKA, AGED 47 YEARS
D/O. LATE GOPI, THALAPPARAMBIL, PONNAMKAYAM,
THRIUVAMBADY PO, THAMBALAMANNA, KOZHIKODE - 673572
7 MANOJ, AGED 37 YEARS, LATE GOPI, THALAPPARAMBIL,
PONNAMKAYAM, THRIUVAMBADY PO, THAMBALAMANNA,
KOZHIKODE, PIN - 673572
2026:KER:28553
R.P.No.1688 of 2025 in MACA No.1758/15
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BY ADVS.
SHRI.V.S.CHANDRASEKHARAN
SRI.M.V.DAS
SRI.S.JAYAKUMAR
SMT.LEKSHMI SWAMINATHAN
SHRI.C.SWAMINATHAN
SMT.SWETHA C.
RESPONDENT/RESPONDENT:
UNITED INDIA INSURANCE COMPANY LIMITED
REPRESENTED BY BRANCH MANAGER THAMARASSERY BRANCH,
K M O TOWER, MAIN ROAD, THAMARASSERY, PIN - 673573
SRI.JACOB MATHEW, STANDING COUNSEL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:28553
R.P.No.1688 of 2025 in MACA No.1758/15
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MURALI PURUSHOTHAMAN, J.
------------------------------------------
R.P.No.1688 of 2025
in
MACA No.1758 of 2015
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Dated this the 30th day of March, 2026
ORDER
The Review Petitioners are the appellants in MACA No.1758 of 2015. By judgment dated 10.12.2021, this Court disposed of MACA No.2431 of 2014 filed by the insurer and MACA No.1758 of 2015 filed by the review petitioners. The review petitioners state that the 4 th appellant in MACA No.1758 of 2015 died during its pendency. Review petitioner Nos.6 and 7 are his legal heirs. It is stated that the legal heirs of the deceased 4 th appellant were not aware of the pendency of the appeal and that the learned counsel for the appellants was not aware of the death of the 4th appellant.
2. Heard the learned counsel for the review petitioners and the learned Standing Counsel for the Insurance Company.
3. Since the 4th appellant died during the pendency 2026:KER:28553 R.P.No.1688 of 2025 in MACA No.1758/15 4 of the appeal, in the interest of justice, review petitioners 6 and 7, the legal heirs of the deceased 4 th appellant, are impleaded as additional appellants in the appeal. The other legal heirs of the deceased 4th appellant are already on the party array of the appeal.
4. The Tribunal awarded an amount of Rs.1,00,000/- in favour of the 1 st review petitioner towards loss of consortium. The Tribunal ordered that the balance amount shall be apportioned among the claimants in the ratio 3:3:3:1:1. This Court, while granting enhanced compensation in appeal, ordered that the apportionment of compensation among the claimants will be as ordered by the Tribunal in the award. The amount ordered to be paid to the deceased 4 th appellant shall be apportioned among his legal heirs.
With the said direction, this Review Petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE vgd 2026:KER:28553 R.P.No.1688 of 2025 in MACA No.1758/15 5 APPENDIX OF RP NO. 1688 OF 2025 PETITIONER'S ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE COMMON JUDGMENT PASSED BY THIS HONORABLE COURT IN MACA NO.2431/2014 AND 1758/2015 ON 10-12-2021 ANNEXURE A2 ORIGINAL OF THE DEATH CERTIFICATE DATED 16- 05-2024, OF THE 4TH APPELLANT, ISSUED BY KOZHIKODE MUNICIPAL CORPORATION ANNEXURE A3 ORIGINAL OF THE LEGAL HEIRSHIP CERTIFICATE DATED 18-07-2023 OF THE DECEASED 4TH APPELLANT ISSUED BY THE TAHSILDAR, KOYILANDY