IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 OP(C).No. 3706 of 2011(O) ------------------------------------- I.A.3566/2011 IN OS.394/2003 OF I ADDITIONAL SUB COURT, KOZHIKODE .................... PETITIONERS/RESPONDENTS/DEFENDANTS ----------------------------------------------------------------- 1. THE NEW INDIA ASSURANCE COMPANY LIMITED, 87, MAHATMA GANDHI ROAD, FORT BOMBAY-400 001. 2. THE NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE-II, 2ND FLOOR, K.N. MATHEW BUILDING, THIRUVANANTHAPURAM. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, ADV. SRI.P.JACOB MATHEW. RESPONDENT/PETITIONER/PLAINTIFF --------------------------------------------------------- M/S. MUTHOOT BANKERS (CALICUT) 5/3400, PERACHUNNI TOWERS, MAVOOR ROAD, CALICUT-4, REPRESENTED BY PARTNER, THOMAS JOHN, MUTHOOT. PIN-673 003. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3706 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AMENDMENT APPLICATION IN I.A. 3566 OF 2011 IN O.S. 394 OF 2003 IN THE SUB COURT, KOZHIKODE. EXT.P2 TRUE COPY OF THE COUNTER STATEMENT 02-08-2011 IN I.A. 3566 OF 2011 IN O.S. 394 OF 2008 IN THE SUB COURT, KOZHIKODE. EXT.P3 TRUE COPY OF THE ORDER DATED 02-09-2011 IN I.A. 3566 OF 2011 IN O.S.394 OF 2003 IN THE SUB COURT, KOZHIKODE. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3706 of 2011 -------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT Defendants in O.S.No.394 of 2003 of the court of learned Additional Sub Judge-I, Kozhikode are aggrieved by Ext.P3, order allowing amendment of plaint to enhance value of gold from `410/- per gram as on 14.10.1998 to `2,150/- per gram at the current rate. 2. Respondent filed the suit for recovery of money from petitioners/insurers on account of alleged burglary of its bank on the night of 13.10.1998. It is alleged that 208.87 grams of gold and `1,92,376/- in cash were stolen. Based on the strength of insurance respondent claimed indemnification from petitioners. In the course of the suit a request for amendment as to enhance value of gold from `410/- per gram as on 14.10.1998 to `2,150/- per gram at the current rate was made. That application was allowed. It is contended by the learned Senior Advocate that the suit was filed in the year, 2003 showing value of gold at `410/- per gram as on 14.10.1998 and after several years amendment is sought and allowed by the learned Additional Sub Judge. OP(C)No.3706/2011 2 3. The question whether respondent is entitled to get value of gold as enhanced by amendment is one thing; the question whether respondent is to be allowed to claim it by amendment is a different thing. The respondent should be given an opportunity to make a claim and the question whether that claim could be allowed or not is a matter which the trial court would decide. Petitioners will get opportunity to file additional written statement disputing the claim of respondent for enhanced value of gold at the current rate. In that view of the matter I do not find reason to interfere with Ext.P3, order. Without prejudice to the right of petitioners to file additional written statement taking up appropriate contentions in the matter, this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks