IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 M.A.C.A.No. 1061 of 2008 ----------------------- OPMV.1284/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/2ND RESPONDENT: -------------------------------------------- NATIONAL INSURANCE COMPANY LTD, REP.BY ITS MANAGER,REGIONAL OFFICE, 3RD PARTY WING,OMANA BUILDING, PADMA JUNCTION,KOCHI-35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER AND 1ST RESPONDENT RESPECTIVELY: --------------------------------------------------------------------------------------------------- 1. AMMU,W/O.K.S.JAYAN,AGED ABOUT 31 YEARS, KANNOTHKUDIYIL HOUSE,AIROOPADAM P.O, KOTTAPPADY,KOTHAMANGALAM. 2. H.B.KOLLAPPA GOWDA,S/O.BHADRAPPA GOWDA, ARALIKOPPA P.O,HOSANAGAR,SHIMOGA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.A.C.A.No. 1061/2008 ORDER ON I.A.NO. 1290/2008 IN M.A.C.A.NO. 1061/2008 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 12.08.2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1061 OF 2008 --------------------- Dated this the 12th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 1284/02. The Tribunal awarded a compensation of Rs.35,750/- and directed the Insurance Company to pay the amount. Aggrieved by the said decision, the Insurance Company has come up in appeal. 2. It is argued before me that the claimant therein was a passenger in a car and the policy issued was only an Act only policy and therefore, in the light of the decision reported in New India Assurance Co. Ltd. v. Asha Rani [2003 (1) KLT 165 (SC)] and United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] the status of the claimant is only a gratuitous passenger who is not covered under section 147(1)(b) of the Motor Vehicles Act. But unfortunately, such a contention is not taken before the Tribunal and only admits the acceptance of a policy. At the belated stage of appeal, an application is also filed for amendment of the written statement as well as to receive the policy etc. The accident is of the MACA No. 1061/08 2 year 2002. Already six years have lapsed and it may not be proper on the part of this court to allow a written statement at the appellate stage for the first time. Therefore, I decline to grant permission to amend the written statement. I also held that as there is no contention before the trial court regarding the pleading of a pillion rider not covered by the policy, this court is not entertaining that pleading at this belated stage. Therefore, the appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 1061/08 3 MACA No. 1061/08 4