IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 129 OF 2008 NATIONAL INSURANCE CO. LTD. THROUGH DIVISIONAL MANAGER ... Appellant Versus SMT. SHANTI NAIK AND 2 ORS., ... Respondents Mr. M. S. Joshi, Advocate for the Appellant. Coram:- N. A. BRITTO, J. Date:- 1st July, 2008 P.C.:- Heard Mr. M. S. Joshi, learned Counsel on behalf of the Appellant. The Appellant was the insurer of the vehicle involved in the accident which took place on 28-10-2004 regarding which Claim Petition No.107/2004 was filed, and the claimant was awarded compensation in the sum of Rs.90,000/- to be paid jointly and severally by the Respondents. Mr. Joshi, learned Counsel on behalf of the Appellant submits that the learned M.A.C.T. erred in awarding compensation as against Respondent No.3, the insurer when its liability was Rs.6000/- only in terms of Section 147(2)(b) of the M.V.Act, 1988 and the Policy issued in terms thereof in favour of the insured. In support of the submission, learned Counsel has also placed reliance on a Judgment of this Court in the case of Purshottam Narayan Mehta v. Smt. Mamati Jayram Ambonkar(2006(3) ALL MR 58) and New India Assurance Company Ltd. v. C. M. Jaya and others(2002(1) ALL MR 930). I have considered the submissions made and the Judgments cited. A perusal of the Order dated 30-4-2007 of the learned M.A.C.T. does not show that the Appellant/Respondent No.3 had taken any plea before the learned M.A.C.T. stating that its liability was limited to Rs.6000/-. This is a plea which is being taken for the first time in appeal before this Court. In fact, the learned M.A.C.T. has observed that Respondent No.3 has not produced any evidence to prove that Respondent No.1 had no valid licence or there were any other breaches of the terms and conditions of the Insurance Policy which was produced by Respondent No.3. In my view, the Appellant/Respondent No.3 cannot be allowed to take a new plea in appeal, which was not taken before the learned M.A.C.T. In view of the above, this appeal is dismissed in limine. N. A. BRITTO, J. RD.