NOOR MOHAMMED.S, Vs. ORIENTAL INSURANCE CO LTD.

JUDGEMENT

(1.) First respondent in M.F.A.(ECC)No.9 of 2012 has filed this review petition seeking review of the judgment dtd. 9/1/2026.

(2.) According to the review petitioner, there are errors apparent on the face of the record. It is contended that this Court omitted to take note of the fact that the exclusion clause in Annexure-A policy is a conditional clause. Further it is contended that this Court did not address the issue as to whether the principal employer could be held liable under Sec. 12(1) of the Employees Compensation Act, to satisfy the award. It is also contended that the question of law addressed by this Court did not arise from the records of the trial court.

(3.) Learned counsel for the review petitioner submitted that the binding judgments of the Division Benches of this Court in The New India Assurance Co. Ltd. v. J.Chellappan & others [M.F.A.No.5/2014] and in New India Assurance Company Ltd. v. Kaleeswari [2017 (4) KLT 1079] were not brought to the notice of this Court while rendering the judgment sought to be reviewed. He submitted that in both cases, the Division Bench, after considering similar exclusion clauses as in Annexure-A, held that in order to invoke such a conditional exclusion clause, the Insurance Company ought to have stated in its written statement that there was default on the part of the claimant or the employer in complying with the requirements laid down under the Employees ' Compensation Act. The Division Bench also held that the Insurance Company should have specified the particulars of the requirement which the employer had failed to comply with. That apart, the Insurance Company should have proved the said contention by adducing evidence. He submitted that, in the case at hand, the Company had raised no such plea. No evidence was also adduced. Hence, he submitted that the omission to take note of the judgments of the Division Benches has resulted in an error apparent on the face of the record.