FAO No.408 OF 1996 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH F.AO. NO.408 of 1996 DATE OF DECISION: 29.04.2010 Pepsu Road Transport Corporation through its Managing Director, P.R.T.C., Patiala ...Appellant VS. Ranjit Kaur and others ...Respondents CORAM: HON'BLE MR. JUSTICE MOHINDER PAL PRESENT: Mr.Raman Mahajan, Advocate for the appellant. None for the respondents. MOHINDER PAL, J.(Oral) This is an appeal against the impugned Award dated 13.11.1995 passed by the Tribunal, according to which, compensation amounting to Rs.2,06,400/- has been awarded jointly and severally against the appellant. Learned counsel for the appellant-Corporation has raised the points that the vehicle in question at the time of accident was insured with respondent No.6-United India Insurance Company; the finding of the Tribunal that the appellant can claim the amount jointly and severally and FAO No.408 OF 1996 2 that the present appellant has not been given any opportunity to recover this amount from the Insurance Company. A perusal of the file shows that after issuance of the cover note of the Insurance some dispute seems to have taken place between the Corporation and the Insurance Company and the Insurance Company has disputed its liability to pay the compensation amount. He has further brought to my notice that the entire compensation amount has been paid to the claimant. In view of the controversy regarding the liability of the Insurance Company, it being a disputed question of fact will require evidence. The matter is, accordingly, remanded to the trial Court by modifying the impugned Award to the extent that the appellant-Corporation will be at liberty to raise this question before the trial Court as to whether on the date of accident the vehicle in question was insured with respondent No.6 and in case, the trial Court comes to a conclusion that the vehicle involved in the accident was insured with the Insurance Company on the date of accident, then the Insurance Company will be liable to pay the compensation. However, this question will be settled by the trial Court after appreciating the evidence in this regard brought on record. The appeal stands disposed of. April 29, 2010 ( MOHINDER PAL ) jt JUDGE