IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 MACA.No. 1350 of 2008(C) ----------------------- OPMV.2080/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... 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& RESPONDENTS 1&2 RESPECTIVELY. ------------------------------------------------------------------------ 1. LIMSON,S/O.ANTONY,KAITHARATH HOUSE, NADATHARA,OLLUR,THRISSUR. 2. ASHRAF K.S,KUTTIPARAMBIL HOUSE, MANNUTHY P.O,THRISSUR. 3. JOHN,S/O.THANKACHAN,PARAMBAN HOUSE, PARAVATTANI,PALLIANGADI,OLLUKKARA,THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- MACA/1350/2008 ORDER ON I.A.NO.1610/2008 IN M.A.C.A. NO.1350/2008 IS DISMISSED. SD/- M.N.KRISHNAN,JUDGE /true copy/ p.a. to Judge. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1350 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2080/02. The insurance company would raise a contention that since the claimant was a pillion rider and in the light of the decision in Tilak Singh's case [United India Insurance Co. Ltd. v. Tilak Singh (2006 (4) SCC 404)] and as it is only a package policy, it is not liable to indemnify the insured. It is true that in the light of the decision in Tilak Singh's case a pillion rider is not covered and is equated to a gratuitous passenger. But the Tribunal or a Court can only consider the materials that are pleaded before the Court. As far as this case is concerned so far the insurance company has not raised any contention with respect to non-coverage of the claimant as a pillion rider. Even now its contended that it is only a package policy. So, being a package policy it may take in additional premium and they are all matters which ought to M.A.C.A. 1350 OF 2008 -:2:- have been and should have been pleaded and as such they are not permitted to raise such contentions at this appellate stage. In the absence of any pleadings to that effect I find that this Court cannot consider the question regarding the contention of a pillion rider. Therefore the appeal lacks merit and it is dismissed. I also do not want to entertain the amendment application at this belated stage. Therefore it is also dismissed. M.N. KRISHNAN, JUDGE. ul/-