IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No.163 of 2010 Date of decision : May 26, 2010 National Insurance Company …Appellant. Versus Surinder Bansal and another …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Atul Jhingan, vice Ms Shilpa Sood, Advocate. For the Respondents : None. Surjit Singh, J (Oral) CMPM No.421/2010 Heard. For the reasons stated in the application, delay in filing the appeal is condoned. Application stands disposed of. FAO No.163/2010 2. Heard and gone through the record. 3. This appeal by the Insurance Company is directed against the award of the Motor Accident Claims Tribunal, whereby claimant, i.e. respondent Prithi Singh, has been awarded compensation for the injuries sustained by him in an accident. It is alleged in the grounds of appeal that respondent Prithi Singh also contributed to the occurrence of the accident, as he was also negligent in driving his scooter. Whether reporters of the local papers may be allowed to see the judgment? …2… 4. The Insurance Company had not taken the defences available to the owner, after obtaining permission from the Court. Therefore, it does not have any right to challenge the award, as regards the finding as to who was negligent in the matter of causing the accident. Insurance Company has only limited defences available to it, under Section 149(2) of the Motor Vehicles Act. Plea of contributory negligence is not included in those defences. Hence, the appeal is dismissed, being not maintainable. May 26, 2010(sd) ( Surjit Singh ), J