F.A.O.NO. 5120 OF 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 5120 OF 2009 Date of decision:19th August, 2010 ICICI Lombard General Insurance Co. Limited .......Appellant Versus Inder Kaur and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Ms. Vandana Malhotra, Advocate, for the appellant. Mr. Jitender Nara, Advocate, for respondent No. 7. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. Learned counsel appearing for the appellant pleads that the matter be remanded back to the Tribunal for availing an opportunity to adduce evidence about the fact that the premium had not been paid and the Insurance Policy had been canceled before the accident. These factual details according to the insurer could not be brought in evidence because there was an application filed for adducing the evidence but the Tribunal closed the same and delivered the judgment the following day. The issue has an important bearing on the satisfaction of the claim. The award is set aside and the case shall be opened only for the F.A.O.NO. 5120 OF 2009 2 purpose of examining the liability of the insurer. No other evidence shall be permitted and any other finding recorded on other issues shall stand confirmed. The award as regards liability of insurer is set aside and the appeal is remanded back to the Tribunal again for consideration of the issue relating to liability of the insurer only. 2. Parties are directed to appear before the Tribunal on 29.09.2010. 3. A copy of this order be given to parties Dasti on payment of usual charges. [K.KANNAN] JUDGE 19th August, 2010 Shivani Kaushik