IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1781 of 1995 Date of decision:19.07.2010 National Insurance Company, Rewari ....Appellant versus Pushpa Devi and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Tejinder Pal Singh, Advocate, for the appellant. None for the respondents. ---- 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 Insurance Company pleaded that the policy of insurance had been cancelled w.e.f. 01.04.1992 although the policy had been originally issued to operate from 06.03.1992 to 05.03.1993. The accident had taken place during the relevant period of the currency of the policy as it was originally issued. 2. Adverting to the defence of cancellation of policy, the Tribunal had held that there cannot be such a unilateral decision for cancellation and it was elicited through the Senior Assistant of the Insurance Company Shri C.L.Gupta that the Company had not served FAO No.1781 of 1995 - 2 - any notice before passing an order of cancellation. It was also admitted by him in evidence that the premium money deposited by the Haryana Roadways had not been refunded till date. The Court found that the decision to cancel the policy of insurance was unilateral and totally arbitrary. Even now the Insurance Company is not in a better position to explain as to what resulted in an attempt to cancel the policy. No information is forthcoming to explain the defects pointed out by the Tribunal. 3. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 19.07.2010 sanjeev