IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1228 of 2007()
1. NATIONAL INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. ASEEM LAIJU @ LAIJU,
... Respondent
2. K.M.VARGHESE, KUREEKKAL,
3. VINOD,S/O.CHANDRAN,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/01/2009
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 1228 OF 2007
---------------------------------
Dated this the 2nd day of January, 2009
JUDGMENT
This appeal is preferred against the award of the Motor
Accident Claims Tribunal, Perumbavoor in O.P.(MV) No.2276/2001.
The claimant, a pillion rider, sustained injuries in a road accident
and the tribunal awarded a compensation of Rs. 22,120/- and
directed the Insurance Company to pay the amount. The Insurance
Company has come up in appeal on the ground that no additional
premium has been paid and the policy issued is only an Act only
policy. Therefore the Insurance Company is not liable to indemnify
in the light of the dictum laid down in United India Insurance Co.
Ltd. v. Tilak Singh [2006 (4) SCC 404]. Unfortunately there is
absolutely no pleading in the written statement with respect to the
exclusion of liability. Now an application is filed praying for
amending the written statement as well as to receive the policy
copy. It is a highly belated stage and therefore I am not inclined to
allow the same and the change in the position of law shall not be a
ground for amendment of the written statement. Therefore the
applications for amendment as well as for acceptance of document
M.A.C.A.No. 1228/2007
-2-
are rejected. The policy was also not produced. When there is no
pleading, the question of consideration of execution does not arise.
Therefore the appeal lacks merit and accordingly it is
dismissed.
M.N. KRISHNAN,JUDGE
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