IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 MACA.No. 1228 of 2007() ----------------------- OPMV.2276/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT /3RD 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 RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY ---------------------------------------------------------- 1. ASEEM LAIJU @ LAIJU, AGED ABOUT 30 YEARS, S/O.HABEEB, MUHAMMED, VALIYAKUNNATHU, P.R.S. MANZIL, MAHILALAYAM, THOTTUMUGHAM,ALUVA. 2. K.M.VARGHESE, KUREEKKAL, KUMARAPURAM P.O.,CHITTANAD. 3. VINOD,S/O.CHANDRAN, KUNNAKKALA VEEDU, EAST KODUNGALLUR, KODUNGALLUR VILLAGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1228/2007 ORDER ON I.A.NO. 1420/2007 IN M.A.C.A.NO. 1228/2007 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 02.01.2009 //TRUE COPY// P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1228 OF 2007 --------------------------------- Dated this the 2nd day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Perumbavoor in O.P.(MV) No.2276/2001. The claimant, a pillion rider, sustained injuries in a road accident and the tribunal awarded a compensation of Rs. 22,120/- and directed the Insurance Company to pay the amount. The Insurance Company has come up in appeal on the ground that no additional premium has been paid and the policy issued is only an Act only policy. Therefore the Insurance Company is not liable to indemnify in the light of the dictum laid down in United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404]. Unfortunately there is absolutely no pleading in the written statement with respect to the exclusion of liability. Now an application is filed praying for amending the written statement as well as to receive the policy copy. It is a highly belated stage and therefore I am not inclined to allow the same and the change in the position of law shall not be a ground for amendment of the written statement. Therefore the applications for amendment as well as for acceptance of document M.A.C.A.No. 1228/2007 -2- are rejected. The policy was also not produced. When there is no pleading, the question of consideration of execution does not arise. Therefore the appeal lacks merit and accordingly it is dismissed. M.N. KRISHNAN,JUDGE vkm