IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 256 of 2008(F) ----------------------------------- O.P(MV).NO.2255/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR. .................... APPELLANT/RESPONDENT NO.3: ------------------------------------------------ M/S. UNITED INDIA INSURANCE CO. LTD., C.V.JUNCTION, PONNANI, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.S.MAMMU RESPONDENTS/ PETITIONER AND RESPONDENTS NO.1 AND 2: -------------------------------------------------------------------------------------------- 1. SUDHARSAN, S/O. CHATHAN, MUKKANDATH THARAYIL HOUSE, MANALAMKUNNU, CHAVAKKAD. 2. LUBIAS, S/O. MANU, KUNJEERIAKATH, PUTHURUTHI, PALAPPETTY P.O. 3. ASHRAF, S/O. MAMU, ELAYAM PARAMBIL HOUSE, PUTHURUTHI, SWAMIPPADY, PALAPPETTY P.O. ADV. SRI.K.V.RAMABHADRAN FOR R1. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.256 OF 2008 ===================== Dated this the 20th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)No.2255 of 2002. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.47,500/- with liability on the 3rd respondent. It is the 3rd respondent, who has come up in appeal contending that it is not liable to indemnify the owner as the claimant was a pillion rider. It is true that in United India Insurance Co.Ltd. v. Tilak Singh(2006(2)KLT 884 (SC), the Apex Court has held that when there is only an Act only policy, the pillion rider is not covered. But there must be at least some pleading to show that the policy does not cover the risk of a pillion rider. No such contention is taken in the written statement. In the absence of any pleading, I cannot find fault with the Tribunal and it may not be correct to entertain that plea at the appellate stage when the matter requires evidence. Therefore in the absence of such a plea such question cannot be considered MACA 256/2008 -:2:- in the appeal. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-