IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 MACA.No. 1520 of 2008() ----------------------------------- OPMV.1088/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/2ND RESPONDENT ---------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD. REP. BY ITS ASST.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI - 11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE, ADV. MR.P.JACOB MATHEW. RESPONDENTS/PETITIONER & IST RESPONDENT RESPECTIVELY ---------------------------------------------------------------------------------------------- 1. JOBY. P.J., AGED ABOUT 35 YEARS, S/O.JOHNY, PERUMBILLY HOUSE, MANAKULANGARA DESOM, KODAKARA VILLAGE, THRISSUR DIST. 2. P.P. PRASANTH, S/O.PRABHAKARAN, PORUMBATHUPARAMBIL HOUSE, MANAKULANGARA DESOM, KODAKARA VILLAGE, THRISSUR DIST. R1 BY ADV. MR.V.BINOY RAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1520 of 2008 ORDER ON I.A. NO.1814/2008 IN MACA NO.1520/2008 DISMISSED 06/10/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1520 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of October, 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)1088/99. The Tribunal passed an award on 16.7.05 entitling the claimant to have a compensation of Rs.88,101/- with 6% interest. Now the insurance company has come up in appeal contending that the claimant was a pillion rider and therefore he is not covered by the policy. Unfortunately no such contention is raised in the written statement and further no policy is also produced before the Tribunal to establish that claim. It is a well settled principle that the court cannot travel beyond the pleadings. Therefore in the absence of pleadings it has to be stated that such an issue does not arise for consideration. Therefore I find no merit in this appeal and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-