1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.242 OF 2010 IN M.A.C.T. CASE NO.452 OF 1997 The New India Assurance Co. Ltd. …. Appellant Vs. Shri. Prakash Hashumal Naravani …. Respondents & Anr. Mr. B.B. Nangare i/by Gandhi & Associates for appellant. Coram : A.S. Oka, J. Date : 27th September 2011 PC: 1. Heard learned counsel for the appellant. 2. The appellant is the insurer of the offending vehicle. Award has been made in the sum of Rs.75,000/- with interest @7.5% per month from the date of filing of the claim application. 3. The only contention raised in this appeal is that liability of the appellant-insurer under the policy of Insurance was 2 confined to Rs.6,000/- Learned counsel submitted that a copy of the policy was placed on record of the Tribunal. 4. It is not in dispute that the contention regarding limited liability was not raised in the written statement filed by the appellant. Moreover perusal of the impugned order shows that the said contention was not raised even at the time of final arguments. Therefore, in appeal arising out of the award made by the Motor Accidents Claim Tribunal, said contention cannot be raised for the first time. Hence, there is no merit in the appeal. The appeal is accordingly dismissed. The statutory amount deposited by the appellant shall be refunded to the appellant. ( A.S. Oka, J.)