K. KANNAN, J.

1. The appeal is by the insurer on a plea of exclusion of liability cast for death of a pillion rider in a motorcycle. A two-wheeler in which the deceased was travelling was admittedly under a package policy that covered the risk to the pillion rider as well.

2. The argument of the learned counsel for the insurer is that the vehicle in which the deceased was travelling was hit from behind by an unknown vehicle and the driver of the motorcycle had originally given a complaint which was lodged as FIR that he was going on the left side of the road and an unknown vehicle had dashed against him that resulted in his falling from the vehicle to the kutcha portion of the road, while the deceased fell on the concrete portion of the road and obtained fatal injuries. At the time of trial, according to the counsel, the claimants were trying to improve the version by bringing an evidence of one Raj Kumar whose name was not found anywhere mentioned in the FIR as having followed the motorcycle in which the deceased was driving and through him the evidence was given that the motorcyclist was going at high speed and an unknown vehicle had dashed against, it as if to suggest