IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 MACA.No. 2285 of 2008 ------------------------------- OPMV.483/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA ......................................... APPELLANT(S): 3RD RESPONDENT -------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G. ROAD, KOCHI-11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 2 ------------------------------------------------------------------------------ 1. SHYJU, S/O SATHYANESAN, S.L. BHAVAN ELANJIMMODU, PANNIYODE PO., 2. LAWRENCE J, S/O. L.JOHNSON, KATTUKANDATHU VEEDU, PANNIYODE, KATTAKKADA, PANNIYODE P.O. 3. SHABU, S.L. BHAVAN, ELANJIMOODU, PANNIYODE P.O. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2285 OF2008 ............................................. Dated this the 18th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Neyyattinkara in O.P.(MV)No.483/2003. The claimant - a pillion rider sustained injuries in a road accident. The insurance company as seen from Para 9 of the award contended that there was no valid insurance coverage for the vehicle. The Tribunal, on a consideration of the materials, found that there was a policy and driving licence and also perused the RC Book and had passed appropriate orders. 2. Today the learned counsel for the insurance company contended before me that the policy is only an Act only policy that does not cover the risk of a pillion rider. It has to be stated that the respondent insurance company's attitude was to deny the existence of the policy. They did not produce the policy nor the conditions. The claimant produced the policy copy, got it marked as Ext.A7 and it was on the basis of Ext.A7 the Tribunal found : 2 : M.A.C.A.NO.2285 OF2008 that there was a valid policy. From the extraction of the pleadings in the award it can be seen that there is no averment with respect to the non liability of the person or the case of an act only policy. In the absence of any such pleadings, it is not possible for the appellate court to entertain the same at the stage of appeal. Therefore, I do not find any ground to interfere with the decision rendered by the Tribunal. The appeal lacks merit and it is dismissed. M.N.KRISHNAN, JUDGE cl M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.2285 OF2008