IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2100 of 1995 Date of decision:06.08.2010 United India Insurance Company Limited ....Appellant versus Surinder Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Vinod Gupta, 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 Insurance Company denied liability on the ground that the policy of insurance had expired on 02.05.1992 and a fresh policy had been taken on 04.05.1992 only, subsequent to the accident, by suppressing the fact of accident. On facts, it was established that the accident had taken place at 7 PM on 04.05.1992 which was beyond the office hours. It was admitted that a cover note had been issued on 04.05.1992 but the insurer failed to adduce any evidence with reference to when the the policy commenced. It ought to be a matter of record as to when a premium was paid and when the cover note was issued. If it had not been, it must only be taken that the insurer had failed to produce FAO No.2100 of 1995 - 2 - the document which he had in his custody. Before the trial, no official of the Company was also examined to give a version about when the policy commenced or whether it commenced only after 7 PM when the accident had taken place. 2. With the quality of evidence adduced by the insurer, the Tribunal was perfectly justified in holding it to be liable for the claim arising out of the motor accident. 3. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 06.08.2010 sanjeev