FAO No.4387of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4387 of 2011 (O&M) Date of Decision : 25.07.2011 Raj Kumar Soni .......Appellant Versus United India Assurance Co. Ltd. and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Rajiv Anand, Advocate, for the appellant. **** JITENDRA CHAUHAN, J. (ORAL) Heard. The delay in filing the appeal is condoned. The learned counsel for the appellant contends that the appellant was fastened with the liability only on the ground that the appellant failed to produce the route permit and the fitness certificate of the vehicle in question. The learned counsel stated that the appellant could not produce these documents before the Tribunal, though the documents were issued by the competent authority much prior to the accident in question took place. The learned counsel further informs that the claim stands fully satisfied. The assertion of the learned counsel for the appellant is that the appellant was holding both the documents, i.e., route permit 1 FAO No.4387of 2011 and the fitness certificate at the relevant time, non-production of which led to the passing of the award against the appellant. Keeping in view that the documents in question are relevant to the controversy involved, through not produced nor any reason has been stated for non-production of the same, and in order to render substantial justice to the litigating parties, this Court deems it appropriate to set aside the award qua issue No.3, passed by the learned Tribunal and remand the case back with a direction to pass a fresh award after giving an opportunity to prove documents, i.e., the route permit as well as the fitness certificate of the vehicle. Ordered accordingly. Parties, through their counsel, are directed to appear before the learned Tribunal on 20.08.2011. ( JITENDRA CHAUHAN ) 25.07.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2