IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 577 of 2008(E) ---------------------- OPMV.748/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): /3RD RESPONDENT. --------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI - 11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDETNS 1 & 2 RESPECTIVELY. ----------------------------------------------------------- 1. UNNI, S/O. KUMARAN, PANANCHIKKALPARAMBIL HOUSE, P.O.KUZHUR, PARAPPURAM DESOM, KAKKULISSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. K.P.JOSE, KANDAMKULATHY HOUSE, P.O.KUZHUR, THRISSUR DISTRICT. 3. ANILKUMAR, S/O. SURENDRAN, KALAMBATTUKUDI HOUSE, P.O.KUZHUR, PARAPPURAM DESOM THRISSUR DISTRICT. ADV. SRI.RAJESH CHAKYAT FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 577 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)748/01. The claimant, a pillion rider sustained injuries in a road accident and the Tribunal awarded a total compensation of Rs.54,141/-. It is against that decision the insurance company has come up in appeal contending for the position that being a pillion rider and as the policy issued is only an Act only policy in the light of the dictum laid down in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (2) KLT 884(SC) it is not bound to indemnify the owner. Unfortunately this contention has not been taken up at all in the written statement filed by them and therefore at this belated stage that contention cannot be allowed to be taken up. Therefore the prayer to amend the written statement as well as to receive the policy cannot be entertained. There cannot be a consideration of the M.A.C.A. 577 OF 2008 -:2:- question without a pleading at this belated stage, in the appeal I do not want to entertain that pleading. Appeal therefore lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-