F.A.O.NO. 1311 OF 1997 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1311 OF 1997 Date of decision:1st September, 2010 United India Insurance Company Limited .......Appellant Versus Hav. M.Haridhara Balan and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Paul S.Saini, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) The Insurance Company is in appeal on the issue of liability. At the trial the evidence was brought through Report of the Licencing Authority, Cuttak which showed that the licence was valid upto 13.12.1991 and that it was not valid at the time when the accident took place. The Report seems to be a letter of communication by the Original Transport Officer, Cuttak to the Divisional Manager, United India Insurance Company Limited. I am afraid I cannot rely on such a report through a private communication. No attempt was made by the Insurer to vouch for the details contained in the Report by examination of any person connected with the relevant records before the Court or F.A.O.NO. 1311 OF 1997 2 by its attempt to bring the record before the Court. The Insurer cannot be said to have discharged the burden of proof that there was a violation of the terms of the policy. The award is confirmed and appeal is dismissed. [K.KANNAN] JUDGE 1st September, 2010 Shivani Kaushik