IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 MACA.No. 1069 of 2008() ----------------------- OPMV.704/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/3RD RESPONDENT ------------------------ NATIONAL INSURANCE COMPANY LTD., REP.BY ITS MANAGER REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING PADMA JUNCTION, KOCHI-35 BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER 1 AND 2 AND 1ST RESPONDENT ---------------------------------------------- 1. T.SREEDHARAN, S/O.LATE KRISHNAN NAIR AGED 47 YEARS, THEKKETTIL HOUSE, MUCHUKUNNU PO., QUILANDY VIA., KOZHIKODE. 2. LAKSHMI, W/O.SREEDHARAN, 42 YEARS,DO.DO. 3. PRABHAKARAN.E., RESIDING AT EDAKKAL HOUSE, KEEZHARIYOOR PO., QUILANDY, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1069/08 ORDER ON IA No. 1302/08 IN MACA No.1069/08 DISMISSED 16.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1069 OF 2008 --------------------- Dated this the 16th day of October, 2008 JUDGMENT This appeal is preferred by the Insurance Company against the award passed by the Motor Accident Claims Tribunal, Vadakara, in OP (MV) 704/04. The question that arises for determination is regarding the liability of the Insurance Company to pay compensation to the rider. The contention of the Insurance Company was that the accident took place on account of the negligence of the rider. The said contention was accepted by the Tribunal and therefore it only awarded no fault liability compensation. Now it is submitted that the policy does not cover the rider and therefore the Insurance Company should be exonerated from the liability. Unfortunately no such contention is raised in the written statement nor had adduced any evidence in support of the same. At the belated stage of appeal, such a plea cannot be entertained for the first time. Therefore, I decline to entertain that plea and hold that the award passed by the Tribunal does not call for any interference. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps 2