Punjab-Haryana High Court
Smt. Beant Kaur And Others vs Amrik Singh And Others on 26 March, 2014
Author: K. Kannan
Bench: K. Kannan
Archana arora
FAO No. 739 of 1997 1 2014.03.28 16:58
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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
FAO No. 739 of 1997
Date of decision March 26 , 2014
Smt. Beant Kaur and others
....... Appellants
Versus
Amrik Singh and others
........ Respondents
FAO No. 1356 of 1997
National Insurance Co. Ltd.
....... Appellant
Versus
Smt. Beant Kaur and others
........ Respondents
FAO No. 1357 of 1997
National Insurance Co. Ltd.
....... Appellant
Versus
Smt. Harbhajan Kaur and others
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Paul S Saini, Advocate
for the appellant in FAO No. 1356 and 1357 of
1997 and for respondent No.3 in FAO
No. 739 of 1997.
None for the appellant in FAO No. 739 of 1997.
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1. Whether reporters of local papers may be allowed to see the judgment ?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
K. Kannan, J (oral).
1. The appeals FAO Nos. 1356 and 1357 of FAO No. 739 of 1997 2 1997 are by the Insurance Company on the issue of liability. The contention was that the driver did not have a valid driving license. The Insurance Company merely relied on a report which it has secured from the Licensing Authority, Gauhati. This was not sufficient to discharge the burden of proof, for, this must have been taken as basis for summoning the document examining the officer of the Licensing Authority. It is too fundamental position that breach of terms of policy has always to be proved by the insurer. The burden of proof had not been discharged.
2. The appeals FAO No. 1356 and 1357 by the insurer are dismissed.
3. There is no representation on behalf of the appellant in FAO No. 739 of 1997.
4. FAO No.739 of 1997 is dismissed for default of appearance and non-prosecution.
(K. KANNAN) JUDGE March 26, 2014 archana