IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 MACA.No. 1515 of 2006(A) ----------------------------------- OPMV.2403/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /3RD RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, KOZHIKODE, NOW REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 ----------------------------------------------------------------- 1. RAJESH, S/O.KUMARA KURUP, 'GEETHAM NIVAS', POKKUNNU.P.O., KOZHIKODE-13. 2. P.P.MOHAMMED, S/O.P.P.MAMMU, VAYOTT THAZHAM HOUSE, POKKUNNU.P.O., KOZHIKODE-13. 3. K.P.SAJU, S/O.ABDURAHIMANKUTTY, POKKUNNU.P.O., VALAYANAD, KOZHIKODE-13. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1515 OF 2006 = = = = = = = = = = = = = = = Dated this the 16th day of October, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2403/99. The claimant was a pillion rider in a scooter and he sustained injuries in a road accident. The Tribunal has awarded a compensation of Rs.30,550/-. It is against that decision, the insurance company has come in appeal contending that the claimant was only a pillion rider not covered by the policy and therefore not entitled to claim compensation from the company. It is to be stated such a contention has not been taken at all and even a policy copy is not produced and now it is only in the appellate stage such contention is attempted to be raised. This cannot be permitted to be raised after a lapse of almost a decade after the accident. Therefore I find no ground to interfere with the decision rendered by the Tribunal at this stage. Hence the appeal fails and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-