IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 M.A.C.A.No. 1018 of 2007(C) ----------------------- OPMV.305/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT/ 3RD RESPONDENT: ----------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2 RESPECTIVELY; ---------------------------------------------------------------------------------------------------------- 1. SURENDRAN NAIR, S/O. VELAYUDHAN PILLAI, THIRUVATHIRA BHAVAN, MANAMBOOR, KADAMBANADU MURI, ARUVIKKARA VILLAGE. 2. SHAJI A.B., S/O.BADARUDEEN, HAPPY HOME, NEAR MANDAPAM, POOJAPPURA, THIRUVANANTHAPURAM. 3. BAIJU, S/O.WILSON, KIZHAKKUMKARA PUTHEN VEEDU, VELLARIKONAM, ERYNAD, VETTAMPALLY MURI, ANAD P.O., ANAD VILLAGE, NEDUMANGAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm M.A.C.A.No. 1018/07 ORDER ON I.A.NO. 1172/2007 IN M.A.C.A.NO. 1018/2007 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 13.08.2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1018 OF 2007 --------------------- Dated this the 13th day of August, 2008 JUDGMENT Notice to respondents are not served in this case. The question involved in this case is regarding the liability of the Insurance Company. It is contended by the learned counsel for the appellant that the claimant was a pillion rider and in the light of the United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] and as the policy issued was only an Act only policy, it is not bound to indemnify the owner. Unfortunately, there is no pleading to that effect before the Tribunal. It was not an issue before the court below. So at this belated stage, I am not inclined to accept a prayer for permitting the Insurance Company to amend the written statement incorporating a prayer regarding non-liability and to entertain it. Even at the time of passing of the award, in view of the decision then prevailing, a pillion rider was also covered. Therefore, at this length of time, I do not want to entertain this pleading. So the appeal as well as the application for amendment is dismissed. M.N.KRISHNAN, JUDGE vps