Punjab-Haryana High Court
United India Insurance Company Limited vs Devinder Singh Walia And Others on 5 August, 2010
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.1862 of 1998
Date of decision:05.08.2010
United India Insurance Company Limited ....Appellant
versus
Devinder Singh Walia and others ...Respondents
II. Civil Revision No.99 of 1999
United India Insurance Company Limited ....Appellant
versus
Mohinder Singh Walia and others ...Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr.Sanjiv Pabbi, Advocate, for the appellant.
None for the respondents.
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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 ?
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K.Kannan, J. (Oral)
The Insurance Company is in appeal challenging the quantum and liability in FAO No.1862 of 1998 and has filed a civil revision against the award for damage to the vehicle which is less than Rs.10,000/-. On the issue of liability, the Tribunal has rejected the FAO No.1862 of 1998 -2- defence of the insurer that the driver did not have a valid driving licence. It has reasoned that the insurer had failed to summon the register or examine any person from the licensing authority to establish its defence. It is trite law that the burden of proof that there had been a violation of terms of the policy is always on the insurer. The finding of the Tribunal for what the insurer failed to do is unexceptional. I see no reason to interfere. The appeal and the civil revision are dismissed.
(K.KANNAN) JUDGE 05.08.2010 sanjeev