1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.7170 of 2009 Divisional Manager, New India Assurance Co.Ltd ... Petitioner versus Vilasrao Anandrao Mane & Anr ... Respondents ... Mr. S.M.Vidyarthi for the petitioner. Mr.R.R.Salvi for respondent nos.1 and 2. Mrs.Gauri K. Jadhav for respondent no.3. CORAM : D.G. KARNIK, J. DATED : 09th June 2010 P.C. 1. This Writ Petition is directed against the order dated 14th March 2008 passed by the Motor Accident Claims Tribunal, Kolhapur rejecting the application by the petitioner Insurance Company for amendment of the written statement. The recording of the evidence before the Tribunal commenced on 20th June 2005. Application for amendment to the written statement was made on 10th March 2008 i.e. three years of the commencement of the evidence. Under proviso to Rule 17 of Order 6 of the Code of Civil Procedure, amendment in the pleadings cannot be allowed after the trial has commenced unless the Court comes to the 2 conclusion that inspite of due diligence, the party could not have raised the matter before the commencement of the trial. 2. The defence sought to be added by means of an amendment is that the driver did not possess a valid driving licence and consequently, there was a breach of the term of the policy. Breach of the term of the insurance policies was within the knowledge of the insurance company. The fact that the driver did not possess a valid licence was mentioned in the charge­sheet, copy of which was produced before the Tribunal. Yet the petitioner did not raise this defence till the commencement of the trial and for a period of three years thereafter. 3. The Tribunal has recorded a finding of fact that due diligence was not exercised by the Insurance company. In the absence of any perversity, this finding cannot be impeached in exercise of a writ jurisdiction under Article 227 of the Constitution of India. Writ Petition is rejected summarily. (D.G. KARNIK,J.)