IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.277 of 1994 (O&M) Date of decision:14.09.2010 Oriental Insurance Company Limited ....Appellant versus Jawaher Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Sanjiv Pabbi, 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 appeal by the Insurance Company takes up a plea that the driver was not duly licensed. This plea was rejected by the Tribunal on a finding that the insurer had not established the contention that the driver did not have a valid driving licence. At the appellate stage, an application is sought to be moved seeking for permission to prove that the driver was not duly licensed and that it has obtained a verification report through an investigator of the Insurance Company. What the insurer is failed to do before the Tribunal cannot be permitted before this Appellate Court for the first time especially in the absence of acceptable FAO No.277 of 1994 (O&M) - 2 - or adequate reasons for its failure to exercise caution and bring before the Tribunal the relevant evidence. 2. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 14.09.2010 sanjeev