IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 MACA.No. 1506 of 2007() ----------------------- OPMV.651/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/2ND RESPONDENT: ------------------------------------------ THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI - 11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & 1ST RESPONDENT RESPECTIVELY: ----------------------------------------------------------------------------------------------------- 1. THANKAMMA, W/O. JOSEPH, AGED ABOUT 62 YEARS, RESIDING AT KOCHIKKARAN VEEDU, WEST OPF NEW BHARATH COIR SOCIETY, CHETTICAD, PATHIRAPPALLY P.O., ALAPPUZHA. 2. JOSEPH, S/O. ESTHAPPAN, AGED ABOUT 59 YEARS, RESIDING AT KOCHIKKARAN VEEDU, WEST OF NEW BHARATH COIR SOCIETY, CHETTICAD WARD NO.XVI OF MARARIKULAM SOUTH PANCHAYATH, ALAPPUZHA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2/- ORDER ON I.A.NO.1770/2007 IN M.A.C.A.NO.1506/2007 DISMISSED 23/05/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1506 OF 2007 = = = = = = = = = = = = = = = Dated this the 23rd day of May, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)651/01 whereby the Court below has awarded a compensation of Rs.28,940/- and it made the insurance company liable for the amount. This appeal is preferred by the insurance company. 2. The contention raised in the appeal is that in the light of the decision reported in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (4) SCC 404)] a pillion rider in a motor cycle is not covered by the policy and therefore it has to be exonerated from the liability. But unfortunately such a pleading has not been raised and no evidence has been adduced in that regard. In the absence of any pleadings it may not be possible for any Court to consider that question and it shall not be permitted M.A.C.A. 1506 OF 2007 -:2:- to raise such a question at an appellate stage. Therefore in the light of the above discussion the MACA cannot be entertained and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-