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 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 1900 of 2008 --------------------------------- O.P.(MV).NO.267/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. .................... APPELLANT/ 5TH RESPONDENT: ----------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, REP. BY ITS MANAGER, KOCHI REGIONAL OFFICE, T.P CELL, M.G. ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON. RESPONDENTS/ PETITIONERS 1 AND 2 /SUPPL.PETITIONERS 3 TO 5 AND RESPONDENTS 1 TO 4 RESPECTIVELY: --------------------------------------------------------------------------------------------------------- 1. P.P. SAIDALAVI, AGED 44 YEARS, S/O. ABDURAHIMAN, PALLIPURAM HOUSE, KURUVILTHODU.P.O, VENGARA. 2. P. JAMEELA, AGED 39, W/O. SAIDALAVI, PALLIPURAM HOUSE, KURUVILTHODU.P.O, VENGARA. 3. PALLIPURAM RAMSHEEBA, AGED ABOUT 24 YEARS, D/O.P.P. SAIDALAVI, KURUVITHODU.P.O, VENGARA. 4. PALLIPURAM ABDUL RAHEEM, AGED ABOUT 22 YEARS, S/O.P.P. SAIDALAVI, KURUVITHODU.P.O, VENGARA. 5. PALLIPURAM MOHAMMED RAMSHEED, AGED ABOUT 17 YEARS, S/O.P.P. SAIDALAVI, KURUVITHODU.P.O, VENGARA, REP. BY P. JAMEELA, W/O. P.P. SAIDALAVI. M.A.C.A. NO. 1900/2008: 6. V. VIJAYAN, S/O. VELAYUDHAN, SIVASAKTHI HOUSE, EDAKKODE NEEMAM.P.O, NEEYATTINKARA. 7. MANAGING DIRECTOR, M/S. WELLGATE ROAD WAYS PVT. LTD., TC 11/2093, KANAGA NAGAR, KOWDIAR.P.O, THIRUVANANTHAPURAM. 8. THE ORIENTAL INSURANCE COMPANY LTD., P.O. THODUPUZHA. 9. P. HAMSA, S/O. KADEEJA, PATTAPATHIL HOUSE, O.K. MURI, NELLIPARAMBA.P.O, OORAKAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1900/2008: ORDER ON I.A. NO. 2265/2008 IN M.A.C.A. NO. 1900/2008 DISMISSED SD/- J.B.KOSHY, JUDGE, 26/08/2008. SD/- THOMAS P.JOSEPH, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. J.B.KOSHY & THOMAS P.JOSEPH, JJ. -------------------------------------- M.A.C.A.No.1900 of 2008, C.M.Appl.No.1861 of 2008 and C.M.Appl.No.1918 of 2008 ------------------------------------- Dated 26th August, 2008 JUDGMENT Koshy,J . This appeal is filed with a delay of 115 days in filing the appeal and there was also a delay of 373 days in re-presenting the appeal. The contention raised by the appellant is that since the deceased was the rider of the motor cycle, the insurance company has no liability based on the decision of the Apex Court in United India Insurance Company Ltd. v. Tilak Singh ((2006) 4 SCC 404). Such a contention was not raised before the Tribunal. The Insurance Company admitted the coverage of insurance before the Tribunal. Therefore, even copy of the policy was not produced. The coverage will depend upon the policy conditions. In the absence of such pleadings before the Tribunal, such a contention cannot be raised in the appeal. Further, we see no reason to condone the long delay in filing the appeal. We also note that Tilak Singh's case was reported even before the award was passed and the above decision rendered by the Supreme Court is not a sufficient reason for condoning the delay. We see no ground to condone the long delay in filing the appeal as well as re-presentation delay. Therefore, both delay condonation petitions and appeal are dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks MFA.15/2003 2