IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 2069 of 2008() ---------------------------------------- (OP(MV) NO.975/2002 OF MOTOR ACCIDENT CLAIM TRIBUNAL, THIRUVANATHAPUAM) ................... APPELLANT/2ND RESPONDENT: ------------------------------------------------- M/S.NEW INDIA ASSURANCE CO.LTD., DIVISIONAL OFFICE, K.N.MATHEW BUILDINGS, S.A.KOVIL ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS ADMINISTRATIVE OFFICER. BY ADV. SRI.KKM.SHERIF RESPONDENTS: ------------------------- 1. SATHEESH, KULATHOTTUMALA VEEDU, MANGALACKAL,AMACHAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 2. RAMAKRISHNAN, P.K.BHAVAN, TC.20/32 10, KARAMANA P.O., THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.2069 OF 2008 ===================== Dated this the 15th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV)No.975 of 2002. The insurance company is the appellant. The appeal is preferred on the ground that being a pillion rider, the claimant is not covered by the policy in the light of the decision of the Supreme Court in United Insurance Co.Ltd. v. Tilak Sing(2006(2) KLT 884(SC) and therefore it has to be exonerated from the liability. There cannot be any quarrel about that proposition. But, in order to entertain such a contention there must be some basic pleadings regarding that aspect. It is also well settled principle that no question can be considered without pleading unless it is a pure question of law. The question involved is depending upon the terms and conditions of the policy and the interpretation of the policy and therefore it requires pleadings and evidence. When such a pleading and evidence are not available, it is not possible to entertain such type of contentions in the appellate stage. MACA 2069/2008 -:2:- Therefore the appeals lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-