IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MACA.No. 2295 of 2007() ----------------------- OPMV.1876/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/2ND RESPONDENT: ---------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, KOCHI REGIONAL OFFICE, T.P.CELL, M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER & 1ST RESPONDENT RESPECTIVELY: ---------------------------------------------------------------------------------------------------- 1. P.V.THANKACHAN, S/O VELU, THOPPIL VEEDU, KOMMADI, THUMPOLI P.O., ALAPPUZHA. 2. CHANDRASEKHARAN, BLOCK NO.10, ZILLA COURT WARD, THAMTHAMPALLY P.O., ALAPPUZHA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.2295 OF 2007 ===================== Dated this the 7th day of August 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Alappuzha in O.P.(MV)No.1876/2001. The insurance has filed the appeal on the ground that the claimant was a pillion rider in a two wheeler and therefore the insurance company is not liable to indemnify the owner, as it is not covered by the policy. But, unfortunately, such a pleading has not been taken before the Tribunal. At this belated stage, an application is filed to amend the written statement. I feel at this point of time the amendment petition cannot be entertained, when there is no pleading, the question of considering the amendment, especially in the light of the fact that it cannot be held that all policies do not cover, but it depends upon the fact of each case and the policy issued with respect to a particular vehicle. Therefore the appeal is not entertained and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-