IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 MACA.No. 1681 of 2007() ----------------------- OPMV.625/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/3RD RESPONDENT ----------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & RESPONDENTS 1,2,4 & 5 ------------------------------------------------------------------------------ 1. KUNHIVAVA, S/O YAHU, KALLINGAL HOUSE, P.O.TIRUR TALUK, MALAPPURAM DIST. 2. MUJEEB, S/O SAIDALAVI K., KANTHATHIL HOUSE, MEENADATHUR P.O, TIRUR TALUK. 3. ASHRAF, S/O SAITHU, ARANKATHIL HOUSE, NIRAMARUTHU, TIRUR. 4. FASALU RAHMAN.M, S/O ALU HAJI, MANGODI HOUSE, PAYYANANGADI, TIRUR TALUK. 5. THE NEW INDIA INSURANCE CO. LTD., C.K.H. BUILDING, THAZHEPALAM, TIRUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.1681 of 2007 ------------------------------- Dated this the 10th April, 2008. J U D G M E N T The third respondent, Insurer, in O.P.(M.V.) No.625/2004, on the file of the Motor Accidents Claims Tribunal, Tirur, is the appellant. This appeal is filed challenging the award passed in Original Petition, wherein, the appellant was directed to deposit an amount of Rs.64,000/= as compensation to the claimant. According to the appellant, in this particular case, it is not liable to indemnify the insured, since the claimant was a pillion rider. No such plea was raised in the written statement. No pleadings or evidence was also adduced to that effect. Therefore, I do not find any reason to admit this appeal. The appeal is only to be dismissed. In the result, the appeal is dismissed. K.PADMANABHAN NAIR, JUDGE nj.