United India Insurance Company … vs Thomas @ Jos T. Thomas on 19 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1831 of 2008()


1. UNITED INDIA INSURANCE COMPANY LTD.,
                      ...  Petitioner

                        Vs



1. THOMAS @ JOS T. THOMAS,
                       ...       Respondent

2. KUNJAPPAN.M.C,

3. MR. XAVIER THOMAS,

                For Petitioner  :SRI.P.R.RAMACHANDRA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :19/08/2008

 O R D E R
                  J.B. KOSHY & THOMAS P.JOSEPH, JJ.
                  ------------------------------------------------------------
                     M.A.C.A. NO: 1831 OF 2008 AND
                            C.M.Appln. Nos: 1774 &
                                    1831 of 2008
                  -----------------------------------------------------------
                   Dated this the 19th August, 2008.

                                      JUDGMENT

Koshy, J.

This appeal is filed by the insurance company with a petition to

condone the delay of 91 days in filing the appeal and also with a petition

to condone the delay of 528 days in curing the defects. The only

contention raised by the appellant-insurance company is that claimant

being a pillion rider is not covered under the policy. But such a

contention is not raised in the written statement or additional written

statement filed by the insurance company. Coverage of pillion rider will

depend upon the terms of policy. Once the coverage of insurance is

admitted by the insurance company if there is any limitations or

exclusions of liability such matters should be specifically pleaded and

proved by the insurance company. There was no pleading or proof.

Hence there is no merit in the appeal. We also note that in the petition

for condoning the delay of 528 days in curing the filing defect, no valid

reasons are given. Apart from administrative reasons no satisfactory

reasons are shown for condoning the delay in filing the appeal also.

MACA 1831/08 & C.M.APPLN 1831/08 2

So C.M.Appln. Nos: 1774/08 & 1831/08 are dismissed. Consequently

appeal also stands dismissed.

                                             J.B.KOSHY
                                               Judge




                                         THOMAS P. JOSEPH
jj                                             Judge

                      K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

Dated: