IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1809 of 1998 (O&M) Date of decision:01.10.2010 New India Assurance Company Limited ....Appellant versus Shakuntla Devi and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, 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) The Insurance Company had done part of its job tendering proof for the fact that a licence seized by the police with the particulars contained therein was not genuine. At the trial, however, the driver produced yet another licence and contended that to be true. The Insurance Company took no step to have a due verification of the same. The burden of proof is always on the insurer to prove that the owner had committed any breach of terms of the policy and that burden had not been discharged. The award against the insured, under the circumstances, is justified and the appeal is dismissed. (K.KANNAN) JUDGE 01.10.2010 sanjeev