IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 MACA.No. 2408 of 2009() ----------------------- OPMV.210/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., THIRUVANANTHAPURAM, NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 ----------------------------------------------- 1. NALLATHAMPI, S/O. ENOSE, VADAKKUMKARA PUTHENVEEDU, KUNNATHUKAL P.O., NEYYATTINKARA. 2. SHARAFUDEEN, VARUVILAKATHU HOUSE, BALARAMAPURAM P.O., NEYYATTINKARA. 3. BOBAN, S/O. SARADHA, KULAWIPARA, THADATHUVILAKATH VEEDU, PANNYODE P.O., KATTAKKADA, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.R.GOPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2408 OF 2009 ............................................. Dated this the 8th day of April, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Neyyattinkara in OP(MV)No.210/2003. The claimant, a pillion rider, sustained injuries in a road accident and the tribunal has awarded him a compensation of Rs.46,110/= and directed the insurance company to pay the amount. The insurance company had challenged the finding on the ground that the vehicle is covered by an act only policy and therefore applying the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [(2006(2) KLT 884 (SC)], it is not liable to pay the amount. Unfortunately, the insurance company has not taken up any contention in that regard. 2. So at this distance of time, it may not be correct on the part of this Court to entertain a plea of exoneration of liability and therefore in the absence of any pleadings, I hold that the award cannot be interfered with. : 2 : M.A.C.A.No.2408 OF 2009 Therefore the appeal fails and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2408 OF 2009