IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.11.2008 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR C.M.A.No.3671 of 2008 and M.P.No.1 of 2008 National Insurance Co. Ltd., 157, Karamadai Road, Mettupalayam. ... Appellant/2nd Respondent vs. 1.Ranjit, 2.A.Chandrasekaran. ... Respondent/Petitioner and 1st respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 27.6.2006 passed in M.C.O.P.No.300 of 2005 on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.4), Coimbatore at Tiruppur. For appellant : Mr.K.Suryanarayanan JUDGMENT The National Insurance Company has filed the appeal challenging the award dated 27.6.2006 passed in M.C.O.P.No.300 of 2005 on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.4), Coimbatore at Tiruppur. 2. It is a case of injury. The accident in this case, which happened on 1.2.2005 is not seriously disputed by the counsel for the appellant. The only contention raised by the counsel for the appellant is on the liability stating that the policy in this case is an "act only" policy. Therefore, the injured claimant as a gratuitous passenger is not entitled to get any benefit of compensation under the policy and the insurance company is not liable to compensate the claimant. https://hcservices.ecourts.gov.in/hcservices/ 3. On going through the award of the Tribunal, the counter affidavit filed before the Tribunal and the evidence let in before the Tribunal, it is clear that on behalf of the appellant, the so-called policy termed to be an act only policy has not been marked. On behalf of the appellant, the second respondent before the Tribunal, no oral or documentary evidence was let in. In the absence of specific pleading and material to support the same, the appellant insurance company cannot raise such a plea and dispute its liability in this appeal. 4. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted and on such deposit, the claimant is entitled to withdraw the same. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To TheFast Track Court Judge, Fast Track Court No.4, (The Motor Accidents Claims Tribunal) Coimbatore at Tiruppur. 1 cc To Mr.S.S.Swaminathan, Advocate, SR.66750. C.M.A.No.3671 of 2008 NTK(CO) RVL 16.12.2008 https://hcservices.ecourts.gov.in/hcservices/