1 FA 4466/09 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 4466 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.G. Deshpande for the appellant. Mr. Nitish Bhutekar for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 17TH JANUARY 2011 P.C. : 1. Heard learned counsel for the appellant. 2. This appeal is directed against an order dated 2nd August 2008 whereby the appellant- insurance company was directed to pay jointly and severally with the owner Rs.50,000/- to the respondent nos.1 to 3 as a no fault liability. 3. Learned counsel for the appellant submitted that the offending vehicle was not insured with the appellant insurance company, 2 FA 4466/09 the offending vehicle did not stand in the name of respondent no.4 (owner) and, therefore, the insurance company was not liable. None of these two defences were raised in the reply to the respondent’s application for no fault liability. In the absence of any specific pleading in the reply, the contentions cannot be allowed to be raised for the first time in the appeal. No other point was urged. Consequently, the first appeal is dismissed summarily. (D.G. KARNIK, J.)