IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 MACA.No. 1507 of 2007(A) --------------------------------- OPMV.98/1998 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT/3RD RESPONDENT. ------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI - 11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY. ---------------------------------------------------------------------------- 1. GOPALAKRISHNA PILLAI, SAKTHI NIVAS, ERATHUMURIYIL, VENMONY. 2. SAJI JOHN, MANAPPATTIL KIZHAKATHIL, VENMONY EAST MURI, VENMONY. 3. M.S.JOHN, MANAPPATTIL KIZHAKKATHIL, VENMONY, CHENGANNUR. BY ADV. SRI.P.S.SREEDHARAN PILLAI FOR R1 SMT.C.G.PREETHA FOR R1 SMT.P.RANI DIOTHIMA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1507 OF 2007 = = = = = = = = = = = = = = = Dated this the 5th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Mavelikkara in O.P.(MV)98/98. The claimant in the case is a pillion rider. He sustained injuries in a road accident. The Tribunal awarded him a compensation of Rs.32,500/- and directed the insurance company to pay the amount. There was no pleading to the effect that the policy was an Act only policy and further the liability was also not disputed. Now, most probably, in the light of the decision of the Apex Court reported in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884(SC), an appeal is preferred with a petition to amend the written statement as well as to receive the policy. It has to be stated that these contentions should have been taken at the beginning itself. More over, the policy involved is a comprehensive policy and generally the conditions of the policy undertake to cover a person M.A.C.A. 1507 OF 2007 -:2:- travelling in a motor bike. So at this belated stage it is not correct to entertain a plea of non-liability and receive the policy. Therefore the application for amendment of the written statement as well as for receipt of policy is dismissed. So far as the appeal is concerned as there is no valid contention disputing the liability, it need not be entertained at this stage. Therefore, the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-