IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 M.A.C.A.No. 1092 of 2007(D) ----------------------- OP(MV) NO.24/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA. .................... APPELLANT/3RD RESPONDENT: -------------------------- NATIONAL INSURANCE COMPANY LTD., REP.BY ITS MANAGER, KOCHI REGIONAL OFFICE, T.P.CELL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: ---------------------------------------------------------- 1. JINTO, S/O.JOSE, CHARUVELIL HOUSE, CHEENKAL BHAGAM, NEYYASSEI KARA, NEYYASSERI VILLAGE. 2. JOHNSON, S/O.THOMAS, MUNDAKKATTU HOUSE, EDAMARUKU KARA, CHEPPUKULAM BHAGOM, UDUMBANNOOR VILLAGE. 3. K.A.AUGUSTINE, ST.JOSEPH MISSION HOSPITAL, KANJAR P.O., THODUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1092/2007 ORDER ON I.A NO.1236 OF 2007 IN M.A.C.A.NO.1092 OF 2007 DISMISSED SD/ 6/08/2008 M.N. KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1092 OF 2007 --------------------- Dated this the 6th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 24/04. The claimant sustained injuries in a road accident and the Tribunal awarded him an amount of Rs.16,200/- as compensation. 2. Learned counsel for the Insurance Company would contend that the claimant was a pillion rider in a two wheeler and therefore he is not covered by the policy. An application is filed to get the written statement amended. When no contention is raised regarding the liability of the Insurance Company with respect to a pillion rider in the trial stage, it may not be proper for this court to entertain a pleading at this belated stage. The reason for the same is that it cannot be held that all pillion riders are not covered because there are instances where additional premiums are paid and coverage is made for a pillion rider as well. Similarly the vested right on the claimant and owner cannot be taken away by a belated attempt of the Insurance Company. Therefore, in the absence of any pleading regarding the liability, I find no ground to entertain this appeal. Therefore the appeal as well as the application for amendment of the written statement stands dismissed. M.N.KRISHNAN, JUDGE vps