Reliance General Insurance Co.Ltd. v. R.Vijayakumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 OP(C).No. 167 of 2015 (O) -------------------------- OS 660/2012 SUB COURT, ERNAKULAM.
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PETITIONER(S):
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1. MANAGER, RELIANCE GENERAL INSURANCE CO.LTD., 19 WALCHAND, HIRACHAND MARG, BALLARD ESTATE, MUMBAI - 400 001.
2. RELIANCE GENERAL INSURANCE CO.LTD., XL/35994, ELIZABETH ALEXANDER MEMORIAL BUILDINGS, SHANMUGHAM ROAD, MARINE DRIVE, COCHIN - 682 031, REPRESENTED BY MANAGER.
BY ADVS.SRI.K.J.SAJI ISAAC DR.ELIZABETH VARKEY RESPONDENT:
--------------------- R.VIJAYAKUMAR, S/O.RAJAKRISHNAN, VII/1766, JAWAHAR ROAD, KOOVAPADAM, COCHIN, ERNAKULAM, KERALA - 682 002.
BY ADVS. SRI.N.M.MADHU SRI.P.P.HARRIS SMT.C.S.RAJANI THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/
OP(C).No. 167 of 2015 (O) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXT.P1:
COPY OF THE ORDER IN I.A.NO. 850 OF 2014 IN O.S.NO. 660 OF 2012 ADDITIONAL DISTRICT COURT - V, ERNAKULAM.
EXT.P2:
COPY OF THE B DIARY IN O.S.NO. 660 OF 2012 ADDITIONAL DISTRICT COURT-V, ERNAKULAM.
RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.167 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2015
J U D G M E N T
Petitioners are the defendants in OS.660 of 2012 of Sub Court, Ernakulam. The respondent/plaintiff had insured a vehicle with the petitioners. In an accident it sustained damage. The suit is for compensation. The respondent filed an application to amend the plaint, which has been allowed by the learned Sub Judge by the impugned order.
2.
Heard.
3.
The plaint contained the following averment. "The plaintiff has incurred a sum of Rs.8,35,756.56/- (Rupees eight lakhs thirty five thousand seven hundred and fifty six and fifty six paisa only) for the repair accessories and services of the above said car". This has been sought to be substituted by "The plaintiff has to pay a sum of Rs.8,35,756.56/- (Rupees eight lakhs thirty five thousand seven hundred and fifty six and fifty six paisa only) for the repair accessories and services of the above said car". Along with the plaint the respondent has
O.P.(C)No.167 of 2015 produced an estimate prepared by a workshop owner. He has not produce any bill. So it appears that his case is that he has to spend the amount claimed in the plaint to repair the car. The statement in the plaint appears to be due to an innocent mistake. There was nothing wrong in allowing the respondent to amend the plaint.
In the result this OP is dismissed. The petitioner will be given an opportunity to file additional written statement after the amendment of the plaint.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge