MACA No. 1429 of 2007 · Kerala High Court
Judgment
M.N. KRISHNAN, J.= = = = = = = = = = = = = = M.A.C.A. NO. 1429 OF 2007= = = = = = = = = = = = = = = Dated this the 23rd day of May, 2008. J U D G M E N TThis appeal is preferred against the award of the MotorAccidents Claims Tribunal, Thrissur in O.P.(MV)3111/01. Theinsurance company is the appellant. Now, the points sought tobe raised in the appeal is that as the pillion rider is not covered in view of the decision of the Apex Court reported in Tilak Singh's case [United India Insurance Co. Ltd. v.Tilak Singh (2006 (4) SCC 404)], it has to be exonerated from the liability. 2. Heard the learned counsel for the appellant. There is a specific pleadings in the petition to the effect that the claimant was a pillion rider. A detailed written statementis filed by the insurance company but no pleadings is taken to the effect that the pillion rider is not covered by the policy. Therefore at this point of time after seven years such a M.A.C.A. 1429 OF 2007-:2:-contention cannot be allowed to be raised. Therefore the appeal cannot be entertained on that ground, it lacks merit and it is dismissed.M.N. KRISHNAN, JUDGE.ul/-
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