IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1101 of 2008()
1. M/S.NEW INDIA ASSURANCE CO.LTD.
... Petitioner
Vs
1. JAINAMMA THOMAS,D/O. KRUVILLA,
... Respondent
2. K.K.SHAJU, S/O. KURIAN,
For Petitioner :SRI.S.MAMMU
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/06/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1101 OF 2008
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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/-