IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1098 of 2007()
1. UNITED INDIA INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. AJI MATHEW,
... Respondent
2. JOSE KURIAN,
3. A.S.MATHEW,
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.MANUEL KACHIRAMATTAM
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :08/08/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1098 OF 2007
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Dated this the 8th day of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Pala, in OP(MV) 1128/03. The Insurance
Company has challenged the award on the ground that the claimant
was a pillion rider and therefore in the light of the decision reported in
United India Insurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404],
it is not bound to indemnify the insured. But unfortunately no such
contention regarding the pillion rider is taken in the written statement.
I am also informed that this is a B policy i.e. a comprehensive policy.
Tilak Singh’s case is applicable only in a Act only policy and
additional premium is not paid. In the absence of any contention, it
may not be right on the part of this court to entertain this question at
this belated stage. Therefore, in the absence of the pleading, the
question of non-liability of a pillion rider does not deserve
consideration.
The appeal lacks merit and it is accordingly dismissed.
M.N.KRISHNAN, JUDGE
vps