IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 MFA.No. 171 of 2010() --------------------- WCC.163/2004 of W.C.C., KANNUR .................... APPELLANT(S): 2ND OPPOSITE PARTY: ----------------------------------------------------------- THE BRANCH MANGER, NATIONAL INSURANCE COMPANY LTD., KALPETTA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): APPLICANT AND OP 1: --------------------------------------------------------------- 1. RAHEEM @ ABDUL RAHEEM P., S/O. MUAHMMED KUTTY, PALADAN VEEDU, CHOOLAMALA, CARDOMOM DIVISION, MEPPADI POST. 2. THE MANAGER, KALPETTA ESTATES LTD., AVT,CHULIKA ESTATE, MEPPADI, VYTHIRI TALUK. R1 BY ADV. SRI.CELINE JOSEPH R2 BY ADVS.SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. ----------------------------------------- M.F.A NO. 171 OF 2010 ---------------------------------------- Dated this the 27th day of September, 2010. JUDGMENT This is an appeal preferred against the order of the Workmen's Compensation Commissioner, kannur in W.C.C No.163 of 2004. The short point that arise for determination in the appeal is whether the Insurance Company is liable to pay the interest or not in the appeal. It is contended that there is exclusion Clause and, therefore, Insurance Company is not liable. There is no difficulty for agreeing with the learned counsel for the appellant regarding the position of law. But unfortunately, this contention is not raised in the written statement. The conditions are also not produced before the Workmen's Compensation Commissioner claiming exclusion for payment of interest. When there is no pleading it can not be entertained and at a highly belated stage such a contention without pleading cannot be entertained as well. Therefore, I find no merit in the appeal. Appeal is dismissed. M.N.KRISHNAN, JUDGE. mns