IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 MACA.No. 997 of 2009(F) ---------------------- OPMV.257/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 2ND RESPONDENT: ------------------------------ UNITED INDIA INSURANCE COMPANY LTD., REP.BY ITS DY.MANAGER, REGIONAL OFFIE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & 1ST RESPONDENT: ------------------------------------------------------------ 1. SMT.K.K.REMA, AGED 50 YEARS, W/O.V.R.RADHAKRISHNAN, PALLIPPURATHU VELUTHEDATHU HOUSE, CHEMBUKAVE, THRISSUR. 2. V.R.RADHAKRISHNA, PALLIPPURATHU VELUTHEDATHU HOUSE, CHEMBUKAVE, THRISSUR. ADV. SRI.K.PADMANABHAN FOR R1,2 SRI.A.D.RAVINDRA PRASAD FOR R1,2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 997 OF 2009 = = = = = = = = = = = = = = = Dated this the 21st day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)257/01. The claimant sustained injuries in road accident and the Tribunal has awarded a compensation of Rs.59,200/-. It is against that the insurance company has come up in appeal. The main contention now sought to be raised is that being a pillion rider the claimant is not covered by the policy and therefore the insurance company should be exonerated from the liability. It can be seen from the pleadings that no such contention is raised anywhere in the written statement regarding the non coverage and at this belated stage it may not be proper for this Court sitting in the appeal to entertain such a plea and answer it in the absence of pleadings. Therefore I do not propose to entertain that pleadings in the appeal which inevitably leads to the conclusion that the appeal has to be dismissed. Therefore the appeal is dismissed without costs. M.N. KRISHNAN, JUDGE. ul/-