M.A.C.A No. 1018 of 2007 · Kerala High Court
Judgment
M.N.KRISHNAN, J.--------------------------M.A.C.A. No. 1018 OF 2007---------------------Dated this the 13th day of August, 2008JUDGMENTNotice to respondents are not served in this case. The question involved in this case is regarding the liability of the Insurance Company. Itis contended by the learned counsel for the appellant that the claimant wasa pillion rider and in the light of the United India Insurance Co. Ltd. v.Tilak Singh [2006 (4) SCC 404] and as the policy issued was only an Actonly policy, it is not bound to indemnify the owner. Unfortunately, there isno pleading to that effect before the Tribunal. It was not an issue before the court below. So at this belated stage, I am not inclined to accept aprayer for permitting the Insurance Company to amend the written statement incorporating a prayer regarding non-liability and to entertain it. Even at the time of passing of the award, in view of the decision then prevailing, a pillion rider was also covered. Therefore, at this length of time, I do not want to entertain this pleading. So the appeal as well as the application for amendment is dismissed. M.N.KRISHNAN, JUDGEvps
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