FAO No.2903 of 2011 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2903 of 2011 (O&M) Date of Decision. 06.04.2011 Oriental Insurance Co., SCO No.109-110-111, Sector 17-D, Regional Office, through its Manager ......Appellant Versus Satbir son of Sh. Rishal Singh and others .....Respondents Present: Mr. Vinod Chaudhari, Advocate for the appellant. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 insurance company is on appeal on the issue of liability by stating that the vehicle involved in the accident had not been shown to have had a valid route permit. The driver and the owner had remained ex parte. The violation of terms of policy, which would exclude the liability for the insurance company, will have to be always established by the insurance company. The insurance company ought to have taken steps to summon appropriate records from the transport authority to find out whether there existed a route permit or not. The absence of owner and driver would not afford to the insurance company an opportunity to excuse any steps which were required to be taken. 2. The other point which is raised by the counsel of the insurance company that in a case of head on collision, the Tribunal must have accepted the contention that it was the claimant himself who was guilty FAO No.2903 of 2011 (O&M) -2- of contributory negligence. The issue of negligence is not a ground which is available to the insurance to urge in appeal. 3. The liability cast on the insurance company under such circumstances was perfectly justified. I confirm the award and dismiss the appeal. (K. KANNAN) JUDGE April 06, 2011 Pankaj*