IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 MACA.No. 1785 of 2007(G) ------------------------------- OPMV.2722/1999 MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. APPELLANT(S): /2ND RESPONDENT -------------------------------------- NEW INDIA ASSUARANCE COMPANY LIMITED, COCHIN-11, REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF RESPONDENT(S)/PETITIONER/RESPONDENTS 1 AND 3: ----------------------------------------------------------------- 1. V.A.HASSAINAR, S/O.ABDUL KHADER, VALAPPIL HOUSE, EAST OF THAIKKAVU, MAROTTICHODU, EDAPPALLY P.O., COCHIN 24. 2. N.A.NAVAS, S/O.ABU, PULUKAVUMKAL HOUSE, EDAPPALLY TOLL, COCHIN-24. 3. A.M.BASHEER, S/O.MAKKAR, ALAMPARAMBIL HOUSE, ASOKAPURAM P.O., ALUVA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1785 OF 2007 = = = = = = = = = = = = = = = Dated this the 18th 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, Ernakulam in O.P.(MV)2722/99. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.25,000/- and the insurance company is directed to deposit the amount. The claimant was a pillion rider and now the learned counsel for the insurance company would contend being a pillion rider he is not statutorily covered under the policy as no additional premium is collected for the same. In fairness the learned counsel submits before me that it is a comprehensive policy. More than that what I find is there is absolutely no pleading raised by the insurance company in their written statement challenging the coverage of the claimant. When there is no pleading there cannot be any finding on a question which is not pleaded. So the Tribunal rightly did not consider that question and I do not think it is proper at this stage to M.A.C.A. 1785 OF 2007 -:2:- entertain a ground which is not there in the written statement. Further being a comprehensive policy it may cover the risk of a pillion rider as well, as the terms and conditions to that effect may be there in a comprehensive policy. Therefore I do not want to entertain this appeal at this stage on the said ground and so the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-