IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH F.A.O. No. 808 of 1995 Date of decision: March 12, 2010 United India Insurance Company .. Appellant Vs. Darshan Kaur and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Ravinder Arora, Advocate for the appellant. Mr. Santosh Sharma, Advocate for the respondent No.7. A.N. Jindal, J As a after math of the accident which took place on 9.6.1992, the claim petition filed on behalf of the claimants, on account of the death of Ajit Singh, on account of rash and negligent driving of the truck bearing registration No.PJE4877 by the respondent No.1, the claim petition has been preferred which was ultimately accepted and the claimants were awarded compensation to the tune of Rs.1,50,000/- along with interest @ 12% per annum from the date of filing of the application in favour of the claimants- respondents No.1 to 5 and against the appellant as well as respondents No.6 and 7 jointly and severely. The main attack of the appellant qua the impugned award is that the respondent No.6 was not holding a valid driving licence. In this regard it may be observed that in its reply, the respondent No.3 (now the appellant company) while denying the claim petition did not take the defence that the respondent driver was not holding a valid driving licence at the time of accident. Any way, no such issue was got framed by the company in this regard, therefore, the Tribunal was not expected to discuss the said question without any issue framed in this regard. Any amount of evidence beyond pleadings could not be taken into consideration and as such, the observations also could not be made by the Tribunal beyond pleadings and the issues framed therefor. F.A.O. No. 808 of 1995 -2- *** Resultantly, finding no merit in the appeal, the same is dismissed. March 12, 2010 (A.N. Jindal) deepak Judge