FAO No. 2062 of 2001 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 2062 of 2001 Date of decision April 5, 2011 M/s New India Assurance Co. Ltd. ....... Appellant Versus Smt. Pal Kaur and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. R. K.Bashamboo, Advocate for the appellant. Mr. Jagram Singh Cooner , Advocate for respondent Nos. 7 and 8. None for respondent Nos. 1 to 6. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is by the Insurance Company denying the involvement of the insured's vehicle in the accident. The Tribunal, however, found that the accident had been established and proceeded to determine the compensation at 1.44 lacs. 2. I had some reservations about the finding and therefore having regard to the fact that the driver had not been examined, I had summoned the presence of the driver of the vehicle in exercise of powers under Section 165 of the Evidence Act. His evidence brought out on my examination was as follows:- “I have never owned any Car and I have a brother named Suresh Kumar. Maruti Car DL-2CB-8214 FAO No. 2062 of 2001 2 belongs to one Tirlok Singh. I have been driver of the Car DL-2CB-8214. There was an accident of this Car on 10.10.1994. Someone died in that accident. A criminal case was registered in this case.” 3. I had granted an opportunity to the Insurance Company to cross examine this witness and it was elicited through him that he had been acquitted of the criminal charges after six years and it was also brought out through him. He had not denied involvement of the vehicle itself in the criminal case. Learned counsel refers to the fact that the chargesheet had been levied against him and when asked to respond to the charge he denied that he was guilty. A denial for a charge of rash and negligent driving ought not to be understood as denial of the involvement of the vehicle itself. I am convinced that the accident was true and finding of the involvement of the vehicle as brought out through the Tribunal's award would require to be confirmed. The appeal by the Insurance Company is dismissed. (K. KANNAN) JUDGE April 5, 2011 archana