IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1523 of 2008()
1. NATIONAL INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. P.C.MUHAMMED, AGED ABOUT 51 YEARS,
... Respondent
2. K.K.BINOY, S/O.KURIAKOSE, KOLLAKKATTU
3. S.A.HUSSAIN, S/O.ABDUL KHADER,
For Petitioner :SMT.RAJI T.BHASKAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/01/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1523 OF 2008
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Dated this the 20th day of January, 2009
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Ernakulam in O.P.(MV)2914/00.
The claimant, a pillion rider sustained injuries in a road
accident and the claimant was awarded a compensation of
Rs.73,580/- casting the liability on the insurance company.
It is against that decision the insurance company has come
up in appeal. It is contended by the learned counsel that
being a pillion rider the claimant is not covered by the policy
and therefore the Tribunal erred in fixing the liability on the
insurance company. In paragraph 11 of the award this has
been considered and the Tribunal held that such a contention
is not seen taken in the written statement of the defendant.
Therefore I directed the learned counsel for the insurance
company to produce the copy of the written statement for
perusal. I gave sufficient opportunities as well. In spite of
the same she is not in a position to produce the written
M.A.C.A. 1523 OF 2008
-:2:-
statement. So when there is no pleading in the written
statement as stated by the Tribunal the question of non
liability cannot be considered on the said question because
the Court cannot travel beyond the pleadings. Therefore the
appeal lacks merit and it is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-