NEW INDIA ASSURANCE COMPANY LTD Vs. RATHEESH KUMAR

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accident Claims Tribunal, Neyyattinkara in O.P. (MV) No. 1642 of 2002. The claimant sustained injuries in a road accident. He was a pillion rider. The Tribunal awarded him a sum of Rs. 22,270 and directed the Insurance Company to pay the amount. The Insurance Company has come up in appeal with a contention that it is not liable to pay compensation to a pillion rider. Learned Counsel would contend that the Apex Court in the decision reported in United India Insurance Co. Ltd., Shimla v. Tilak Singh & Ors., 2006 1 ACC 1 , has held that unless additional premium is paid in an Act only policy, the pillion rider is not covered. There cannot be any quarrel about the proposition of law argued before me. But, in order to consider it there must be a pleading which is totally absent. Now an attempt is made to entertain the same by a prayer for amendment of the pleading and also to produce the policy. At this length of time such a pleading cannot be entertained. Therefore the request to receive the additional amendment or amendment of the written statement cannot be allowed. When there is no pleading the question of consideration does not arise. Therefore the appeal lacks merit and the same is dismissed.