IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 MACA.No. 2415 of 2010() ----------------------- (OPMV.40/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM) .................... APPELLANT/THIRD RESPONDENT: --------------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, MANNARKKAD. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT/PETITIONER & RESPONDENTS 1 & 2: ---------------------------------------------------------------------------- 1. BABURAJ, S/O.APPU, AGED 28/2004, ANIKALLINGAL HOUSE, CHEMMANIYODE POST, PATTIKKAD, MALAPPURAM DISTRICT. 2. K.C.RAJAN, S/O.CHAMI, CHERUTHALA HOUSE, POST CHEMMANIYODE, PATTIKKAD, MALAPPURAM DISTRICT. 3. K.BASHEER, S/O.MOIDEENKUTTY, KALLETTUPARAMBIL, POST KOTTEPPADAM, MANNARKKAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/11/200, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2415 OF 2010 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottapalam in O.P.(MV)40/04. The insurance company has come up in appeal challenging the finding on its liability on the ground that the vehicle was only covered by an Act only policy. I have gone through the contentions of the insurance company. The insurance company has admitted the policy and had never raised any contention regarding its liability. Therefore there was no pleadings to te effect that the policy did not cover the pillion rider. In the absence of such a pleadings, to entetrain a case of this nature at this point of time is not proper and therefore I do not propose to entertain this appeal. Therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-