IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MACA.No. 1524 of 2008(C) -------------------------------- OPMV.221/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): /6TH RESPONDENT IN O.P.M.V. -------------------------------------------------- THE NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, P.D.C.BANK BUILDING, SULTANPET, PALAKKAD, REP. BY ITS MANAGER, C.J.MATHEW. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): PETITIONERS AND RESPONDENTS ------------------------------------------------------------ 1. SADASIVAN, S/O.RAMAN, 'SHRUTHI NIVAS', ATTAPPALLAM, PAMBAMPALAM POST, PALAKKAD. 2. C.SWAMINATHAN, S/O.CHANDRASEKHARAN KORANATHU VEEDU, THAMARAKULAM, JAINEMEDU, PALAKKAD (OWNER OF AUTORICKSHAW) 3. K.A.UNNIKRISHNAN, S/O.ARUMUGHAN, KALATHIL VEEDU, EDATHARA, PALAKKAD (DRIVER OF AUTORICKSHAW) 4. THE ORIENTAL INSURANCE COMPANY, LTD., SHOBHA T.M.S.COMPLEX, R.S.ROAD, PALAKKAD. 5. V.K.MURALEEDHARAN, S/O.NARAYANAN, RESIDING AT AYYANVEETTUCHALLA, NANNIYODE, CHITTUR TALUK, PALAKKAD. (R.C.OWNER OF MOTOR CYCLE) 6. K.MANOJKUMAR @ MANOJ, S/O.K.KUPPUNNI, KODUMBU, PALAKKAD DISTRICT. (RIDER OF MOTOR CYCLE). ADV. SRI.P.K.MOHANAN(PALAKKAD) FOR R2 SRI.MATHEWS JACOB (SR.) FOR R4 SRI.P.JACOB MATHEW FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1524 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)221/00. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.51,750/- and the 6th respondent insurance company namely the New India Assurance Company had been directed to pay the amount. The New India Assurance Company has come forward with the appeal contending that the policy is only an Act only policy and it does not cover the risk of a pillion rider and therefore it is not liable to indemnify. 2. I had perused the award and heard the counsel for the insurance company. There is absolutely no pleading in the written statement to the effect that the policy does not cover the risk of a pillion rider. In the absence of a pleading the question of liability or exoneration does not arise. I do not want to entertain such a pleading at a belated stage of M.A.C.A. 1524 OF 2008 -:2:- appeal especially when the accident had taken place as early as on 2.7.99. Therefore I decline to interfere with the decision of the Motor Accidents Claims Tribunal and hence the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-