IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 1492 of 2007(G) ----------------------- OPMV.1746/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/2ND RESPONDENT IN THE OPMV: ------------------------------------------- UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, THRISSUR, REPRESENTED BY THE ASSISTANT MANAGER, OFFICE OF THE REGIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENTS: PETITIONER AND R1 IN THE OPMV: ---------------------------------------------------------- 1. MOHAMMED , S/O.UMMER, KALAVARAVALAPPIL HOUSE, ERUMBAKKASSERY, THIRUMITTAKKODE, PALAKKAD. 2. K.V.SREEDHARAN, S/O.THUPRAN, KANNANTAVALAPPIL HOUSE, ARANGOTHUKARA, PALAKKAD. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1492 OF 2007 = = = = = = = = = = = = = = = Dated this the 27th day of August, 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)1746/01. The insurance company has challenged the award on the ground that the claimant was a pillion rider not covered by the policy. A perusal of paragraph 9 of the award would reveal that it is a comprehensive policy and the Tribunal also found that the plea of non-holding the driving licence has not been proved. Besides no specific plea is raised regarding the non- coverage of pillion rider in the written statement. When such is the situation and in the absence of any particulars it has to be held that the insurance company has failed to discharge its burden regarding the non-coverage as well as the non- holding of driving licence. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-