National Insurance Co. Ltd. v. Ram Kali and Ors.

., This Special Leave Petition is directed against a judgment and order F dated 20th December, 2002 passed by the High Court of Punjab and Haryana at Chandigarh whereby and whereunder the appeal filed by the petitioner -... herein questioning an award dated 6-9-2002 made by Motor Accident Claims • Tribunal, Fatehabad was dismissed. The High Court has dismissed the aforementioned appeal inter a/ia on the ground that the driving licence of the offending vehicle had been found to be fake. The learned Tribunal, G however, arrived at the finding of fact that the first respondent herein has violated the terms and conditions of the insurance policy by plying the Maruti Van on hire/i-eward at the time of accident-. Y' The said question, it appears from the impugned judgment of the High Court, was not adverted to before it. 176 > NATIONAL INSURANCE CO. LTD. v. RAM KALI 177 In view of the fact that both the Tribunal and the High Court had A exercised their discretion in favour of the claimant. We do not intend to exercise our discretionary jurisdiction under Article l 36 of the Constitution of India. Accordingly, this petition is dismissed. No costs. K.K.T. Petition dismissed.