IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 MACA.No. 428 of 2009() ---------------------- OPMV.161/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/3RD RESPONDENT: -------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP.BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENTS/PETITIONERS 1 TO 4 & RESPONDENTS 1 &2 RESPECTIVELY: --------------- 1. SAJU T.K., PADANNAMAKKAL(H), KOORALI.P.O. ELANGULAM. 2. VISHNUVIJAYAN (MINOR) REP.BY HIS NEXT FRIEND SUJA T.K. - DO- 3. JISHNUVIJAYAN (MINOR) REP.BY HIS NEXT FRIEND SUJA T.K., - DO - 4. PAPPAMMA, PADANNAMAKKAL, NARIYANANI.P.O, PONKUNNAM. 5. T.U.ITTY, TANNICKAL (H), CHUNGAM P.O., KOTTAYAM. 6. VENUGOPAL, CHERIANPLACKAL (H), ELANGULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * * * * * * M.A.C.A.No.428 of 2009 ---------------------------------------- Dated this the 16th day of February 2009 J U D G M E N T BASANT,J The 3rd respondent, the insurer before the Tribunal is the appellant before us. The Tribunal had found that the claimant is entitled for compensation and had directed the appellant herein, admittedly the insurer, to pay the compensation amount of Rs.2,85,000/- along with interest and cost. The appellant claims to be aggrieved by the impugned award. 2. Called upon to explain the nature of challenge which the learned counsel for the appellant wants to mount against the the impugned award, the learned counsel for the appellant submits that the policy of insurance does not cover the claim of the claimant, a pillion rider in a motor cycle. That is the only ground of challenge. 3. Has this plea been raised before the Tribunal? The learned counsel for the appellant with ingenuity submits that the plea has been raised though not specifically. Called upon to read the nature of the plea raised before the Tribunal, the same has M.A.C.A.No.428/09 2 been read over to me and we have no hesitation whatsoever to agree that there is no plea that the policy does not cover the claim of the pillion. Such a specific plea is not raised at all before the Tribunal. ,The Tribunal had no occasion to consider such a plea. It is seen that the policy document has not been produced before this court also so far though the appeal is seen presented as early as in 2006. In any view of the matter, we are not satisfied that this appeal deserves admission. The plea has not been raised. The evidence produced - even before this court, does not justify the consideration of the plea now. No plea has been raised and no such evidence has been placed by the appellant to enable the appellant to contend that the policy issued by the appellant does not cover the liability in respect of the claimant. 4. This appeal is in these circumstances dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.428/09 3 M.A.C.A.No.428/09 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009