Karnataka High Court
Insurance LawCivil Procedure and Evidence

An insurer may amend its defence and adduce evidence to prove absence of third-party coverage.

UNITED INDIA INSURANCE CO LTD vs SRINIVASA K G

Karnataka High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
An insurer may amend its defence and adduce evidence to prove absence of third-party coverage.. UNITED INDIA INSURANCE CO LTD vs SRINIVASA K G. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The claimant, a pillion rider, alleged that he was injured when the motorcycle on which he was travelling fell after its rider lost control; he sought compensation under the Motor Vehicles Act, 1988.

Source reference: p. 4, para. 3

The Tribunal awarded him ₹4,19,665 with interest at 6% per annum and directed the insurer to pay.

Source reference: p. 5, para. 5

The insurer appealed, asserting that the policy was a standalone own-damage policy that did not cover third-party risk, and sought leave to amend its written statement and produce the policy as additional evidence.

Source reference: pp. 6–7, paras. 6, 9

The claimant separately appealed seeking enhanced compensation.

Source reference: pp. 6–7, paras. 6, 9
02

Issues

Whether the insurer should be permitted to amend its written statement and produce additional evidence, requiring remand of the claim petition for fresh consideration.

Source reference: p. 7, para. 10

Whether the claimant was entitled to enhancement of compensation.

Source reference: p. 7, para. 10
03

Law Applied

The Court considered Section 173(1) of the Motor Vehicles Act, 1988, under which the parties brought their appeals.

Source reference: pp. 3–4, para. 1

It also considered Order XLI Rule 27 CPC, concerning additional evidence in appeal, and Order VI Rule 17 CPC, concerning amendment of pleadings.

Source reference: pp. 9–10, para. 14(c), (e)

The Court’s stated basis was that where the policy produced on appeal prima facie indicated no third-party coverage, the insurer should be given an opportunity to establish its coverage defence; it observed that an insurer cannot be directed to pay compensation without policy coverage.

Source reference: pp. 8–9, para. 12
04

Reasoning

The policy produced with the insurer’s applications was headed “Motorcycle/Scooter Standalone Own Damage Policy” and therefore prima facie did not cover third-party risk.

Source reference: p. 8, para. 12

Although the insurer had failed to produce it before the Tribunal and had not raised the specific defence there, the Court treated that failure as a lapse and, considering the policy and the insurer’s contention, allowed the insurer an opportunity to amend its pleading and adduce evidence.

Source reference: pp. 8–9, para. 12

It consequently remanded the matter for fresh consideration, leaving the policy-coverage question for the Tribunal.

Source reference: pp. 8–9, para. 12

Because of the remand, the claimant’s enhancement appeal was not determined on its merits.

Source reference: p. 9, para. 12
05

Holding

The Court allowed MFA No. 258/2024 and the insurer’s applications to amend its written statement and produce additional evidence, and remanded the matter to the Tribunal for fresh consideration.

Both sides were permitted to adduce evidence and present their respective cases; the parties were directed to appear before the Tribunal on 12 November 2026, and the amount in deposit was to be transferred to it.

Source reference: p. 11, para. 14(g)–(i)

The claimant’s appeal seeking enhancement was disposed of without a decision on the merits.

Source reference: p. 10, para. 14(a); p. 9, para. 12
06

Acts & Sections Cited

2 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Motor Vehicles Act, 19881

Code of Criminal Procedure, 19731

Karnataka High Court

Original Court PDF

UNITED INDIA INSURANCE CO LTDvsSRINIVASA K G

Karnataka High Court · October 08, 2026

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