IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 MACA.No. 746 of 2009() ---------------------- OPMV.535/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE ORIENTAL INSURANCE CO.LTD, THIRUVANANTHAPURAM,REPRESENTED BY ITS ASSISTANT MANAGER,REGIONAL OFFICE,ERNAKULAM,NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT ----------------------- 1. SAJITH PRAMOD, N.K.@ SAJITH, S/O.KRISHNAN NAIR,KRISHNA MANGALAM,KALLMPALLY, SREEKARIYAM.PO,ULLOOR, THIRUVANANTHAPURAM-17. 2. E.TITUS, "UDAYAM",PUTHUKULANGARA, UZHAMALACKAL,NEDUMANGAD,THIRUVANANTHAPURAM. 3. HARIKUMARAN.S, S/O.SIVASANKARAN PILLAI, HARIVILASOM, NEAR ENGINEERING COLLEGE, PANGAPPARA.PO,THIRUVANANTHAPURAM. 4. MUHAMMED ASHARAF,S/O.ABDUL KHADAR, KUNNIL HOUSE,NALLATHADKA, KALLAKATTA.PO, VIDYA NAGAR,KASARGODE. 5. NATIONAL INSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM DIVISIONAL OFFICE,2ND FLOOR, KESAVA TOWERS,GANDHARI AMSOM COIL ROAD,PULIMOODU, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009 ALONG WITH MACA NO.755 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * M.A.C.A.Nos.746 & 755 of 2009 ---------------------------------------- Dated this the 3rd day of April 2009 J U D G M E N T BASANT,J The 3rd respondent insurance company before the tribunal is the appellant before us. Compensation was claimed for the loss suffered by two passengers who were travelling in a vehicle insured by the appellant herein. There were two vehicles involved. It was found that the driver of the vehicle insured by the appellant was negligent and was responsible for the accident. The driver, owner and insurer of the vehicle insured by the appellant were hence found liable to compensate the victims. Accordingly, the impugned awards have been passed. 2. The appellant has now come before this court with a contention that the policy of insurance does not cover the liability in respect of the passengers of the vehicle. It is submitted that claims were made before another tribunal by some of the victims in the same accident and in such proceedings another Motor Accident Claims Tribunal i.e.M.A.C.T Attingal has taken the view that the appellant is not liable to compensate the victims. Hence it is contended that the appellants are not liable to compensate the claimants in these claims. M.A.C.A.Nos.746 & 755 of 2009 2 3. Was the contention raised before the tribunal that the policy does not cover the claims? Admittedly, such a plea has not been raised at all. Before the appellate court, now attempt is made to produce the policy and also the verdict of the M.A.C.T, Attingal. The crucial question is whether in these claims, this defence of the appellant had been raised or not. No such defence has been raised. Parties to the proceedings did not get an opportunity to know these contentions and effectively meet these contentions. We are in these circumstances satisfied that it is not necessary to permit the appellant to raise a totally new plea unjustified by the pleadings in the case and attempt to assail the impugned awards in this appeal on the basis of such pleas which were not raised at all. We are satisfied that allowing the appellants to raise such plea at the appellate stage in respect of an accident which took place in 2001 and the claim for compensation in which was filed in 2002 is not necessary or justified at all. 4. These M.A.C.As are in these circumstances dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.Nos.746 & 755 of 2009 3 M.A.C.A.Nos.746 & 755 of 2009 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009