IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1831 of 2008() ----------------------- OPMV.651/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/3RD RESPONDENT ------------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER AND RESPONDENTS 1 AND 2 ---------------------------------------------------------------------------------------------- 1. THOMAS @ JOS T. THOMAS, S/O. T.T. THOMAS, THYIL HOUSE, CHAMBAKULAM, ALAPPUZHA. 2. KUNJAPPAN.M.C, MUNDACKAL, CHAMPAKULAM, ALAPPUZHA. 3. MR. XAVIER THOMAS, S/O. JOSEPH THOMAS, KURIALASSERY, CHAMBAKULAM, ALAPPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. ------------------------------------------------------------ M.A.C.A. NO: 1831 OF 2008 AND C.M.Appln. Nos: 1774 & 1831 of 2008 ----------------------------------------------------------- Dated this the 19th August, 2008. JUDGMENT Koshy, J. This appeal is filed by the insurance company with a petition to condone the delay of 91 days in filing the appeal and also with a petition to condone the delay of 528 days in curing the defects. The only contention raised by the appellant-insurance company is that claimant being a pillion rider is not covered under the policy. But such a contention is not raised in the written statement or additional written statement filed by the insurance company. Coverage of pillion rider will depend upon the terms of policy. Once the coverage of insurance is admitted by the insurance company if there is any limitations or exclusions of liability such matters should be specifically pleaded and proved by the insurance company. There was no pleading or proof. Hence there is no merit in the appeal. We also note that in the petition for condoning the delay of 528 days in curing the filing defect, no valid reasons are given. Apart from administrative reasons no satisfactory reasons are shown for condoning the delay in filing the appeal also. MACA 1831/08 & C.M.APPLN 1831/08 2 So C.M.Appln. Nos: 1774/08 & 1831/08 are dismissed. Consequently appeal also stands dismissed. J.B.KOSHY Judge THOMAS P. JOSEPH jj Judge K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: