IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 MACA.No. 1676 of 2007() ----------------------- OP(MV)78/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/ 3RD RESPONDENT ------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY ------------------------------------------- 1. JOHNSON, S/O GEORGE, KANIYAMPARAMBIL HOUSE, KANAMKARA, KANGAZHA VILLAGE, KOTTAYAM. 2. BABU STEPHEN, VACHITHANATHU HOUSE, KATTAPPANA, IDUKKI. 3. REJIMON, S/O VARGHESE, PUTHENPURACKAL HOUSE, POOTHAKUZHI BHAGOM, SOUTH PAMPADY KARA, PAMPADY, KOTTAYAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.1676 of 2007 ------------------------------- Dated this the 10th April, 2008. J U D G M E N T The third respondent, Insurer, in O.P.(M.V.) No.78/2003, on the file of the Motor Accidents Claims Tribunal, Kottayam, is the appellant. This appeal is filed challenging the award passed in Original Petition, wherein, the appellant was directed to deposit an amount of Rs.32,200/= as compensation to the claimant. Though the appellant raised a contention that claimant being a pillion rider is not entitled to get any compensation from the Insurer as there was no coverage to the policy, no pleadings or evidence was adduced to that effect before the Tribunal. Therefore, I do not find any reason to admit this appeal. The appeal is only to be dismissed. In the result, the appeal is dismissed. K.PADMANABHAN NAIR, JUDGE nj.