IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1621 of 2008 Date of decision:13.08.2010 United India Insurance Company Limited ....Appellant versus Rajesh Kumar and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Sanjiv Pabbi, Advocate, for the appellant. None for the respondents. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The appeal is by the Insurance Company challenging the finding of negligence against the insurer's driver when the contention is that the driver of yet another vehicle involved in the accident alone was responsible. It is also contended by him that a criminal case was filed only against the other claimants. 2. The criminal proceedings shall have no relevance except the fact that there was also a criminal case but the issue of negligence will always be proved only before the Tribunal. The finding of fact having rendered by the Tribunal shall not avail to the insurer to challenge the same, for it does not turn to be among the permissible defences under FAO No.1621 of 2008 - 2 - Section 170 of the Motor Vehicles Act. The appeal is not maintainable and the same is dismissed. (K.KANNAN) JUDGE 13.08.2010 sanjeev