UNITED INDIA INSURANCE COMPANY LTD. Vs. THOMAS

JUDGEMENT

(1.) The award passed by the Motor Accident Tribunal is questioned in this writ petition by the Insurance Company. Primarily, the issue in this writ petition revolves around the denial of opportunity to the insurance Company to controvert enhanced claim raised by claimant by filing an amendment petition in the claim petition.

(2.) The proceedings would disclose that after the trial was over on 19.12.2003, the case was posted on 23.12.2003. On that day, an amendment petition filed on 19.12.2003 was allowed. The Tribunal pronounced the judgment on 30.12.2003. Normally, an amendment which is merely in the nature of quantification of the amount would not have an impact upon the contentions raised by the Insurance Company. However in this case, the Insurance Company was granted a leave under Section 170 of the Motor Vehicles Act to contest on all grounds.

(3.) The amendment in this context has significance in this case as the amendment in fact is sought to recover the entire loss suffered consequent upon a damage occurred to a motor vehicle due to accident. The total loss suffered by the owner of the car was around Rs.1,14,423/ -. He claimed insured amount under comprehensive policy from the New India Assurance Company Ltd.. They gave Rs.91,150/ -. The claim was laid against to recover a sum of Rs.15,273/ -. However, by way of an amendment a claim for Rs. 95,000/ - was raised. The petitioner Insurance Company, the insurer of the tort -feasor was not given an opportunity to contravert this amendment by filing an additional statement. The case put forward in this writ petition is that once the owner of the vehicle was allowed to recover the amount under the comprehensive policy, he cannot demand the same amount from the MACT as against the claim. The learned counsel for the petitioner reply upon the judgment of this Court in National Insurance Company Ltd. v. Akber Badsha [2015 (4) KLT 442]. Therefore it is submitted that the foundation of amendment is rest on the entitlement and not on mere quantification.