IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1010 of 2007()
1. UNITED INDIA INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. SADANANDAN, S/O NARAYANAN,
... Respondent
2. MOHAMMED, S/O SAINUDHEEN,
3. K.A.MOHAMMED, S/O KARIM,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :22/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1010 OF 2007
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Dated this the 22nd day of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Alappuzha, in OP(MV) 351/01. The Insurance
Company has challenged the award on the ground that the claimant was a
pillion rider not covered by the policy. The Tribunal also found that the
driver did not have a valid driving licence and therefore gave the right to the
Insurance Company to recover it from the owner. Now the Insurance
Company has filed the appeal on the ground that being a pillion rider the
company is not liable to pay the amount and therefore, the award requires
modification.
2. I had perused the award. It is admitted that no such pleadings
were taken at the time of the trial before the Tribunal. An application
namely IA No.1156/07 is filed before this court for amending the written
statement as well as another petition to receive the policy. I feel, at this
belated stage, such an amendment cannot be permitted and that a new
contention, which was not taken before the Tribunal, need not be permitted
to be taken in this appeal. Therefore, I dismiss the application for
amending the additional written statement as well as for reception of
document. When it is so, the plea of non coverage of pillion rider will not
arise.
The appeal lacks merit and it is accordingly dismissed.
M.N.KRISHNAN, JUDGE
vps