IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 1101 of 2008() ----------------------- OPMV.1539/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT:RESPONDENT NO.2: --------------------------------------------------- M/S.NEW INDIA ASSURANCE CO.LTD. KANNUR, NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, 36/707, KANDAMKULATHY TOWERS, M.G.ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.S.MAMMU RESPONDENTS: --------------------------- 1. JAINAMMA THOMAS,D/O. KURUVILLA, W/O. THOMAS, AGED 34 YEARS, KUNNUMPURATH HOUSE, MADAPURACHAL, MANATHANA P.O.,KANNUR DT. 2. K.K.SHAJU, S/O. KURIAN, KUNNUMPURATH HOUSE, MANATHANA.P.O. KANNUR DT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.1101 OF 2008 ===================== Dated this the 24th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)No.1539 of 2002. The Tribunal had fixed the responsibility on the insurance company and it is against that decision the present appeal is filed. Learned counsel for the appellant would strongly contend before me that being a pillion rider and applying the dictum laid down in Tilak Singh's case(2006(2) KLT 884(SC) the claim amount is not to be satisfied by the insurance company. It is true that in Thilak Singh's case, the Apex Court has taken the view that the pillion rider is also a gratuitous passenger. But in order to consider whether the policy covers a pillion rider or not there must be a contention before the court because it is a settled law that the contract between the parties can cover wider things and so unless there is a specific pleading to that effect, the court may not be in a position to consider whether the policy takes in a pillion rider or not. It may not be proper for this Court at the belated stage of appeal to entertain that argument without plea and decide the question. MACA 1101/2008 -:2:- Therefore the appeal fails and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-