FAO No.161 of 1996 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.161 of 1996 (O&M) Date of Decision. 31.08.2010 The New India Assurance Company, SCO 36-37, Sector 17-A, Chandigarh through its Regional Manager and another ......Appellants Versus Amarjit Kaur and others ......Respondents Present: Mr. L.M. Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate for the appellants. 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 appeal is by the insurance company challenging the quantum and the negligence. There is also an application filed before this Court under Section 170 of the Motor Vehicles Act. In my view, the issue of collusion or any fraud must be stated even before the commencement of the trial or at any rate before the pronouncement of the judgment and secure a permission under Section 170 of the Motor Vehicles Act. Post the award, the insurance company cannot contend that there is a case made for securing a sanction under Section 170 of the Motor Vehicles Act. The application under Section 170 filed before this Court is dismissed. FAO No.161 of 1996 (O&M) -2- 2. The appeal filed by the insurer challenging the quantum and negligence is also dismissed confirming the award of the Tribunal. (K. KANNAN) JUDGE August 31, 2010 Pankaj*