IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 1523 of 2008(C) ------------------------------- OPMV.2914/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): /3RD RESPONDENT -------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY --------------------------------------------------------------------------- 1. P.C.MUHAMMED, AGED ABOUT 51 YEARS, S/O.CHEVARUTH, PULPARAYIL HOUSE, NEAR MASJID, KANJIRAMATTOM P.O. 682 315. 2. K.K.BINOY, S/O.KURIAKOSE, KOLLAKKATTU HOUSE, KANJIRAMATTOM. 3. S.A.HUSSAIN, S/O.ABDUL KHADER, PONNUKKADAPARAMBIL HOUSE, PUTHUVASSERY KARA, AMBALLOOR VILLAGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1523 OF 2008 = = = = = = = = = = = = = = = Dated this the 20th 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, Ernakulam in O.P.(MV)2914/00. The claimant, a pillion rider sustained injuries in a road accident and the claimant was awarded a compensation of Rs.73,580/- casting the liability on the insurance company. It is against that decision the insurance company has come up in appeal. It is contended by the learned counsel that being a pillion rider the claimant is not covered by the policy and therefore the Tribunal erred in fixing the liability on the insurance company. In paragraph 11 of the award this has been considered and the Tribunal held that such a contention is not seen taken in the written statement of the defendant. Therefore I directed the learned counsel for the insurance company to produce the copy of the written statement for perusal. I gave sufficient opportunities as well. In spite of the same she is not in a position to produce the written M.A.C.A. 1523 OF 2008 -:2:- statement. So when there is no pleading in the written statement as stated by the Tribunal the question of non liability cannot be considered on the said question because the Court cannot travel beyond the pleadings. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-