HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1741 of 2009 (O&M) Decided on : 04.08.2009 ICICI Lombard General Insurance Company …Appellant Vs. Amrik Kaur @ Balwinder Kaur …Respondent **** CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR GARG **** Present: Mr. Akshay Bhan, Advocate for the appellant **** RAKESH KUMAR GARG, J (ORAL) CM No.8994-CII of 2009 Allowed as prayed for. CM No.8996-CII of 2009 In this application, the applicant/appellant is seeking permission to lead additional evidence to prove the fact that there was no privity of contract of the insurance company with the owner of the offending vehicle to indemnify him as the premium of the policy was never paid. I find no merit in this application as no such plea was taken by the applicant/appellant in the written statement and thereafter an application for amendment in the written statement was filed to take up the aforesaid plea which was specifically declined by this Court. Vide this application, the evidence is sought to be led by way of additional evidence for a fact which is not pleaded. Therefore, I find no justification in allowing this application at this stage. This Miscellaneous application for permitting the applicants/appellants to lead additional evidence is declined. CM No.8995-CII of 2009 & FAO No.1741 of 2009 Admittedly, the appellant-company had sought permission under Section 170 of the Motor Vehicle Act for taking all grounds in defence as are available to the owner and driver of the offending vehicle. However, the said application of the appellant was specifically declined by Tribunal dated 15.12.2008. In view of the aforesaid, I find that this appeal is not maintainable and the same is hereby dismissed. (RAKESH KUMAR GARG) JUDGE 04.08.2009 shonkar