IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 MACA.No. 912 of 2008() -------------------------------- OPMV.312/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/3RD RESPONDENT ---------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE MANAGER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------------------------------------------------------------------- 1. MALAICHAMY.T, S/O.THUVASY KANNA THEVAR, AGED ABOUT 48 YEARS, PANAVADALY SATHRAM, THIRUMALLAPURAM, SHANKARANKOVIL TALUK, THIRUNELVELI DIST., T.NADU, NOW RESIDING AT KOLAKKODAN HOUSE, PEEKODE.P.O., VIA-PATHAYAKUNNU. 2. V.PRAMODKUMAR, S/O.KUMARAN, VAYALAMBRON HOUSE, SIVAPURAM AMSOM, KANHALERY. 3. KONGAT SHANIL, S/O.VASU, VADAKKANCHALIL HOUSE, SIVAPURAM AMSOM, MALOOR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.912 of 2008 ===================== Dated this the 11th day of June, 2008. JUDGMENT Koshy,J. This appeal is filed by the Insurance Company contending that the Insurance Company is not liable to pay for the injuries suffered to passengers of the Jeep. The accident occurred on 3.11.2001. The passengers of the Jeep suffered injuries due to the negligence of the driver of the Jeep insured by the petitioner. The only contention raised in the appeal memorandum is that he was a gratuitous passenger and is not covered under the policy. Such contention was not raised before the Tribunal. In fact, paragraph 5 of the order reads as follows: "5. The 3rd respondent filed a separate written statement admitting the insurance policy of the Jeep bearing Registration No.KL-13/E 1089 at the relevant time of accident. They are also disputed the age, occupation, monthly income, nature of injuries sustained to the petitioner, treatment given, expenses incurred etc. The petitioner has sustained only simple injuries." MACA 912/08 -: 2 :- The policy was also not produced before the Tribunal. The appellant had no case that being a gratuitous passenger, the Insurance Company is not liable to compensate depending upon the terms of the policy. In view of the lack of pleadings and evidence before the Tribunal, we see no ground to admit the appeal. Appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 12/6