IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 MACA.No. 1569 of 2008(D) ------------------------------- OPMV.784/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): /3RD RESPONDENT:- ---------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, T.P. CELL, OMANA BUILDING, PADMA JUNCTION, KOCHI -35. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S)/PETITIONER & RESPONDENTS 1 & 2: -------------------------------------------------------------------- 1. JAFAR, S/O PAVAKUTTY, KOLAJIYARAKATH HOUSE, AZHEEKKAL, P.O. PONNANI, MALAPPURAM DISTRICT. 2. K.P. ABDUL GAFOOR, KANDATH VEETTIL PUTIYANALAKATH HOUSE P.O., PONNANI NAGARAM,MALAPPURAM DISTRICT. 3. DIRAR, S/O MOIDENKUTTY, ANDIKKARANTAKATH HOUSE, AZHEEKAL P.O., PONNANI,MALAPPURAM DISTRICT. ADV. SRI.SANTHEEP ANKARATH FOR R1-3 SRI.C.V.MANUVILSAN FOR R2 SRI.P.K.KHALEEMUDHEEN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1569 OF 2008 = = = = = = = = = = = = = = = Dated this the 1st 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, Tirur in O.P.(MV)784/03. The claimant was a pillion rider in a two wheeler and he has been awarded a total compensation of Rs.75,000/-, casting the liability on the insurance company to wipe off the liability. It is against that decision the insurance company has come up in appeal. 2. Learned counsel for the insurance company would contend that though the policy issued is a comprehensive policy and no additional premium is paid for coverage and risk of a pillion rider and therefore 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 shall not be made liable to pay the amount. The Tribunal found that the insurance company is liable to pay the amount. There was no contention before the Tribunal regarding the M.A.C.A. 1569 OF 2008 -:2:- exoneration of liability. Now at the belated stage of this appeal petitions are filed to amend the written statement as well as to receive the copy of the policy. I feel at this belated stage of appeal such a contention cannot be allowed to be raised. Further, comprehensive policy in many cases covers the risk of a pillion rider as held by this Court in the decision reported in New India Assurance Co. Ltd. v. Hydrose [2008 (3) KHC 522(DB)]. So it is not proper to entertain this plea at this stage and therefore the application for amendment as well as reception of document is rejected and when it is done as there is no plea, the question of exoneration of liability does not arise for consideration. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-