United India Insurance Company … vs Joby P.J. on 6 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1520 of 2008()


1. UNITED INDIA INSURANCE COMPANY LTD.
                      ...  Petitioner

                        Vs



1. JOBY P.J., AGED ABOUT 35 YEARS,
                       ...       Respondent

2. P.P.PRASANTH, S/O.PRABHAKARAN,

                For Petitioner  :SRI.MATHEWS JACOB (SR.)

                For Respondent  :SRI.V.BINOY RAM

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :06/10/2009

 O R D E R
                     M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                M.A.C.A. NO. 1520 OF 2008
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        Dated this the 6th day of October, 2009.

                      J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1088/99.

The Tribunal passed an award on 16.7.05 entitling the

claimant to have a compensation of Rs.88,101/- with 6%

interest. Now the insurance company has come up in appeal

contending that the claimant was a pillion rider and therefore

he is not covered by the policy. Unfortunately no such

contention is raised in the written statement and further no

policy is also produced before the Tribunal to establish that

claim. It is a well settled principle that the court cannot

travel beyond the pleadings. Therefore in the absence of

pleadings it has to be stated that such an issue does not

arise for consideration. Therefore I find no merit in this

appeal and it is dismissed.

M.N. KRISHNAN, JUDGE.

ul/-