IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.664 of 1997 Date of decision:16.08.2010 The New India Assurance Company Limited ....Appellant versus Smt. Gurinder Kaur and others ...Respondents II. FAO No.665 of 1997 The New India Assurance Company Limited ....Appellant versus Pritam Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Deepak Suri, Advocate, for the appellant. Mr. K.S. Cheema, Advocate, for the respondents. Mr. Parminder Singh, Advocate. ---- 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. Both the appeals are at the instance of the insurer challenging the awards on the question of quantum and negligence. I find the insurer did not have the benefit of defence under Section 170 of the Motor Vehicles Act and it shall, therefore, be impermissible for the FAO No.664 of 1997 - 2 - insurer to urge them as grounds in appeal. The appeals are not maintainable and are dismissed as such confirming the awards of the Tribunal. (K.KANNAN) JUDGE 16.08.2010 sanjeev