IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 MACA.No. 2360 of 2007() ----------------------- OPMV.1521/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): APPELLANT/3RD RESPONDENT: --------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDENTS 1 7 2 RESPECTIVELY: ----------------------------------------------------------- 1. USHA, W/O. PRASAD, MAPPILASSERY HOUSE, WARD NO.111, CHERTHALA SOUTH PANCHAYATH, KURUPPANKULANGARA P.O. 2. BABU, JAI NIVAS, WARD NO.111, CHERTHALA SOUTH PANCHAYATH KURUPPANKULANGARA P.O. 3. PRASAD, S/O. PURUSHOTHAMAN, MAPPILASSERY HOUSE, WARD NO.111, CHERTHALA SOUTH PANCHAYATH, KURUPPANKULANGARA P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. 2360/2007 ORDER ON I.A. 313/2007 IN M.A.C.A.NO. 2360/2007 DISMISSED. SD/- M.N. KRISHNAN, JUDGE 21.01.2008 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2360 OF 2007 --------------------------------- Dated this the 21st day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Alappuzha in O.P.(MV) No.1521/2001. The claimant, a pillion rider, sustained injuries in a road accident and the tribunal awarded a compensation of Rs. 25,000/- with 7.5% interest. The third respondent was liable to pay the amount. What is seen extracted in the award is that “It is admitted that with respect to the motor cycle the third respondent had issued an Insurance policy in the name of the first respondent and it was valid during the material time of the accident.” It is a comprehensive policy is not disputed where there is no pleadings to the effect that the policy is only an Act only policy and no premium is collected for covering of a pillion rider. It is a comprehensive policy. Under the terms and conditions of the policy the Insurance Company may be bound to pay. Now it is at this belated stage an application is made for the amendment of the written statement. I feel such a plea cannot be entertained at this stage without taking even the basic plea before the trial court. Therefore the application for amendment M.A.C.A. 2360/2007 -2- of written statement is devoid of merits and so it is dismissed. When the said application is dismissed then the thing remains that there is no pleading and so the court is not bound to consider the same. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN,JUDGE vkm