1»-^ HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR DIVISION BENCH CORAM : HON'BLE SHRI S.R. NAYAK, CJ & HON'BLE SHRI D.R. DESHMUKH, J. APPELLANT RESPONDENTS M.A.No.974of2006 The Oriental Insurance Co. Ltd. Through Divisional Manager, Oriental Insurance Co. Ltd., Malviya Nagar, Durg (C.G.) VERSUS 1. Smt. Arti Verma, aged about 26 years, Wd/o Late Shri Yogesh Verma 2. Minor- Shubham Verma aged about 5 years S/o Late Yogesh Sharma 3. Minor- Ku. Swati Verma aged about 1 month D/o Late Yogesh Sharma Res. No. 2 &3 Minor Through - guardian, Mother Smt. Arti Verma All R/o Village - Chatuwa, Near Nanderi, Charouda, Durg, Distt. Durg 4. Kranti Verma, aged about 30 years S/o Ramsai Verma, R/o Teachers Colony Dangania, Raipur (C.G.) 5. L.K. Verma, aged about 34 years S/o Ram Sai Verma, R/o Teachers Colony Dangania, Raipur (C.G.) Present: Shri A.K. Athaley, leamed counsel for the appellant. ORAL ORDER (Passed on 11tn August, 2008) The following oral order of the Court was passed by S.R. NAYAK, CJ. The first contention raised by the learned standing counsel for the appellant -Insurance Company is that the M.A.C.T. ought not to have fastened the liability to pay compensation, because, the policy issued by the Insurance Company does not cover the risk of pillion-rider. It was next contended that the deceased was traveliing as a pillion-rider as a gratuitous passenger. These pleas which are factual were not raised in the l»»ril. @ - 2-— written statement filed by the Insurance Company before the M.A.C.T. Obviously, these pleas were not established by addudng substantive legal evidence. In that view of the matter, the factual pleas now raised before the Court in this appeal could not be entertained. No other point was urged. The appeal is devoid of merit and It is accordingly dismissed. Sd/- ChiefJustice Sd/- Dilip Raosaheb Deshmukh Judge