1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1973 of 2008 United India Insurance Co.Ltd. .. Appellant versus Shri Gopal Manbahadur Giri & ors. .. Respondents ... Mrs.U.K. Sanil for the appellant CORAM : D.G. KARNIK, J DATED : 4th December 2008 P.C.: 1. Heard learned advocate for the appellant. 2. This matter had come up for hearing in the past. At that time, learned counsel for the appellant had submitted that the driver of the vehicle did not have a valid driving licence and therefore, insurance company is not liable. Thereupon, the counsel was asked whether this point was raised in the written statement filed before the 2 Tribunal. Counsel sought time to produce a copy of the written statement. Today copy of the written statement is handed in. Perusal of the written statement shows that this point was never raised in the written statement. In the absence of pleadings. This point cannot be allowed to be raised for the first time in the First Appeal. 3. No other point was urged. There is no merit in the appeal which is hereby dismissed. (D.G. KARNIK, J)