MACA No. 1059 of 2008 · Kerala High Court

M.N.KRISHNAN, J.--------------------------M.A.C.A. No. 1059 OF 2008---------------------Dated this the 17th day of June, 2008JUDGMENTThis appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thrissur, in OP(MV) 2946/03. Theappeal is filed by the Insurance Company against the finding of the Tribunal whereby it directed the Insurance Company to deposit the amount. 2. Learned counsel for the appellant very strongly contend before me that the person who had claimed compensation, even ifproved to be a pillion rider, is not covered by the terms of the policy and therefore applying the dictum laid down in United IndiaInsurance Co. Ltd. v. Tilak Singh [2006 (4) SCC 404] the Tribunalshould have exonerated it from the liability. Learned counsel also had read out to me the written statement. But, I find there is no specific pleading regarding the fact that the claimant was a pillion rider and that he is excluded from coverage. It is more so for the reason that the contention raised in the written statement is that the claimant himself was riding the motor bike without a driving licence. MACA No.1059/082Therefore it pleaded exoneration of the liability. It is true that the Tilak Singh's case excludes the pillion rider but there are variety of policies which takes in the coverage of a pillion rider as well. Sothere must be a specific pleading to the fact that it is only an Act only policy which does not cover the pillion rider. However, in the light of the contention of the Insurance Company that he was a rider it cannot be permitted to say otherwise at this stage. It cannot be permitted to blow hot and cold in the same proceedings. Therefore, Idecline to interfere with the decision rendered by the Tribunal. Therefore, the appeal is dismissed.M.N.KRISHNAN, JUDGEvps MACA No.1059/083 MACA No.1059/084