FAO No.5032 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5032 of 2009 Date of Decision.03.12.2010 Dharminder Gupta son of Sh. Ram Dev Gupta, resident of village Salomajra, Tehsil Chamkaur Sahib District Ropar. ......Appellant Versus National Insurance Company Limited, SCF No.40-41, Phase V, Mohali through its Manager and others ......Respondents Present: Mr. V.K. Gupta, Advocate for the appellant. Mr. Neeraj Khanna, Advocate for the insurance company. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 was exonerated by the award passed by the Tribunal on the ground that the route permit of the owner was not valid. At the Appellate Court, the appellant had filed the copy of route permit along with the petition under Order 41 Rule 27 CPC for production of additional evidence. The insurance company has carried out the verification and the counsel appearing on behalf of the insurance company states that it was duly verified and their route permit was also found to be valid. Learned counsel also files before this court a communication received from the Secretary, Regional Transport Authority, Patiala that there was a valid route permit at the relevant point of time. The additional evidence is brought on record. FAO No.5032 of 2009 -2- Having regard to the response through the insurance company with particular reference to the report of Regional Transport Authority, I find that the owner had a valid route permit and he had not been guilty of any breach of terms of policy. Accordingly, the liability of the insurance company shall be wholly to satisfy the claim of the claimants and also to indemnify the owner fully. 2. The appeal by the owner is allowed and the claimants shall be entitled to enforce the claim against the insurance company. (K. KANNAN) JUDGE December 03, 2010 Pankaj*