FAO No.729 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.729 of 2003 Date of Decision. 08.07.2010 New India Assurance Co. Ltd., Behrod through Shri R.K. Jain, Deputy Manager, New India Assurance Company Ltd., Regional Office, SCO No.36-37, Sector 17-A, Chandigarh .........Appellant Versus Mahabir son of Shri Mehar Chand and others .......Respondents Present: Mr. Suman Jain, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 insurance company is in appeal only as regards the casting of liability on the insurer of the bus when according to the claimant, who was a Conductor in the bus, the offending vehicle was only the jeep. The contention of the learned counsel was that the Court could not have granted a compensation casting the liability on both the drivers of the bus and the jeep, for it ran counter to the pleadings. While a party cannot traverse beyond pleadings, the Tribunal on appreciation of evidence is entitled to apportion the respective negligence of the vehicles involved in the accident. The Tribunal has held with pointed reference to the police report under Section 173 Cr.P.C. and the investigation that accident was the FAO No.729 of 2003 -2- result of the composite negligence of both the vehicles (the Tribunal has used the expression contributory negligence instead). I do not find any reason to modify the reasoning adopted by the Tribunal. 2. If the apportionment of liability as 50-50 is upheld, then the only point shall be the quantum which the insurer shall not be entitled to impeach. The award of the Tribunal is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE July 08, 2010 Pankaj*