IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 MACA.No. 1564 of 2007(B) --------------------------------- OPMV.1154/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/2ND RESPONDENT : -------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.RAJI T. BHASKAR RESPONDENTS/PETITIONER & 1ST RESPONDENT RESPECTIVELY : --------------------------------------------------------------------------------- 1. MANU CHACKO, S/O. CHACKO, POOVATHINKAL HOUSE, KOZHUVANAL KARA, PALLICKATHODU VILLAGE, KOTTAYAM. 2. DANTY, S/O. JOSEPH, KANJIRATHUNKAL HOUSE, KANTHIPPARA VILLAGE, PALA ESTATE, ARIVILAMCHALA P.O., VENGAPPARA KARA, UDUMPANCHOLA TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.NO.1564/2007 ORDER ON I.A.NO.1842/2007 IN M.A.C.A.NO.1564/2007 DISMISSED 14.08.2008 SD/-, M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N. KRISHNAN, J. ------------------------------ M.A.C.A.No. 1564 of 2007 ------------------------------ Dated this the 14th day of August, 2008 JUDGMENT This appeal is preferred against the award of Motor Accidents Claims Tribunal, Thodupuzha in O.P(M.V) No. 1154 of 2002. Tribunal awarded a compensation of Rs.41,800/- with 6% interest and made the Insurance Company liable. The Insurance Company preferred this appeal on the ground that the claimant was a pillion rider not covered by the policy and therefore he is not entitled to claim from the Insurance Company. Along with the appeal they also filed an application for amending the written statement and to incorporate specific plea of non-coverage of pillion rider. It has to be remembered that the accident taken place on 29/12/2001 and the matter has been disposed only on 30/11/2006. Till that time the Insurance Company did not raise a contention regarding the non- coverage of pillion rider. It may not be correct to raise such a contention in the belated stage of this appeal and therefore I do not propose to entertain the amendment application and therefore it is dismissed. When there is no pleading, it M.A.C.A.No. 1564/2007 Page numbers is not possible to consider the question of liability and more so, the liability on the subject makes it clear that there are various types of policies which may or may not cover the pillion rider . Therefore the point cannot be considered without pleadings. Therefore, the appeal lacks merit and the same is dismissed. M. N. KRISHNAN, JUDGE scm