Insurer cannot raise unpleaded policy limit defence in appeal under Employees Compensation Act.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI and CMP No.7720 of 2026 M/s.Shriram General Insurance Co. Ltd., No.609, A2, 2nd Floor, Andavar Plaza, Salem Road, Namakkal. ..Appellant(s)

Vs

1. Ramesh

2. The Chairman, Kamarajar Educational Trust, Kamarajar Nagar, Bommaikuttaimedu, Namakkal District. ..Respondent(s)

PRAYER: Civil Miscellaneous Appeal filed under Section 30 of the Employees Compensation Act, seeking to set aside the order dated 30/12/2024 made in E.C.No.325 of 2018 on the file of the Employees Compensation Commissioners Office, Coonoor (Erode).

For Appellant(s): Mr.Siva Kollapan B For Respondent(s): Mr.R.Navaneetha Krishnan - R1 JUDGMENT Mr.R.Navaneetha Krishnan, holds power for the 1^st respondent.

2.Heard learned counsel for the appellant / 2^nd respondent (Insurance Company).

3.Ms.L.Sai Pooja, learned counsel for the appellant would submit that as per the terms of the policy, the liability is limited to Rs.50,000/- per person.

The Authority has ordered to pay a sum of Rs.6,56,432/- is not correct.

4.But it appears that these details are not pleaded in the counter of the

2^nd respondent before the Authority.

5.When the above details were not put forth before the Authority, it will not lie in the mouth of the appellant / 2^nd respondent, the scope of coverage in the Insurance policy is not properly appreciated by the Labour Commissioner.

6.In light of the above, this Civil Miscellaneous Appeal stands dismissed. No costs. Consequently, the connected C.M.P.No.25608 of 2025 is closed.