IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1785 of 2007()
1. NEW INDIA ASSUARANCE COMPANY LIMITED,
... Petitioner
Vs
1. V.A.HASSAINAR,
... Respondent
2. N.A.NAVAS,
3. A.M.BASHEER, S/O.MAKKAR,
For Petitioner :SRI.KKM.SHERIF
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/12/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1785 OF 2007
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Dated this the 18th day of December, 2008.
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)2722/99.
The claimant sustained injuries in a road accident and he has
been awarded a compensation of Rs.25,000/- and the
insurance company is directed to deposit the amount. The
claimant was a pillion rider and now the learned counsel for
the insurance company would contend being a pillion rider he
is not statutorily covered under the policy as no additional
premium is collected for the same. In fairness the learned
counsel submits before me that it is a comprehensive policy.
More than that what I find is there is absolutely no pleading
raised by the insurance company in their written statement
challenging the coverage of the claimant. When there is no
pleading there cannot be any finding on a question which is
not pleaded. So the Tribunal rightly did not consider that
question and I do not think it is proper at this stage to
M.A.C.A. 1785 OF 2007
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entertain a ground which is not there in the written
statement. Further being a comprehensive policy it may
cover the risk of a pillion rider as well, as the terms and
conditions to that effect may be there in a comprehensive
policy. Therefore I do not want to entertain this appeal at
this stage on the said ground and so the appeal lacks merit
and it is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-