IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 576 of 2008(E) ------------------------- OPMV.1016/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): /3RD RESPONDENT. --------------------------------------- THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI - 11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 3 RESPECTIVELY. -------------------------------------------------------------------------- 1. AMRITHAMMA, D/O. MARIYAM, CHARUVILAKATHU PUTHEN VEEDU, HOUSE NO. KP 3/235, VILLAGE OFFICE LANE, KUSAVARKAL, MUKKOLACKAL P.O., THIRUVANANTHAPURAM. 2. SUKUMARAN, S/O. NJANAMMA, HOUSE NO. VIII/540, CHARUVILAKATHU VEEDU, CHETTIVILAKAM, PEROORKKADA P.O., THIRUVANANTHAPURAM. 3. SUBIN A.S., S/O. SUKUMARAN, -DO- -DO-. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.RAJAN VELLOTH FOR R1 SRI.SAIJO HASSAN FOR R1 SRI.A.S.SABU FOR R1 SRI.BENOJ C AUGUSTIN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 576 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 1016/02. The claimant, a pillion rider on the motor bike sustained injuries in a road accident and she has been awarded a total compensation of Rs.13,000/-. It is against that decision the insurance company has come up in appeal contending for the position that being a pillion rider in a two wheeler she is not covered by the policy and therefore it is liable to be exonerated from the liability. But unfortunately such a plea has not been raised before the Tribunal. Further the policy is a comprehensive policy. There are comprehensive policies with conditions of covering the liability of a pillion rider therefore it is not a pure question of law which has to be interfered with in the appellate stage. There is also a prayer to amend the written statement as well as to receive a copy of the policy. At this belated stage M.A.C.A. 576 OF 2008 -:2:- I do not want to entertain such a plea and therefore the petition for amendment as well as the prayer to receive copy of insurance policy is rejected. When it is so there is no question of consideration regarding exoneration. Therefore one cannot find fault with the Tribunal for fixing the liability on the insurance company. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-