1999 INSC 0150
                                    SUPREME COURT OF INDIA

                                        National Insurance Co.Ltd.

                                                      Vs.

                                           Naresh Kumar & Ors.

                                             C.A.No.....of 1999

                                   (G.T.Nanavati and S.N.Phukan,JJ.)

                                                 19.02.1999

                                                   ORDER

1. Special leave granted.

2. Heard learned counsel for the parties.

3. The appellant Insurance Company had filed an appeal before the Punjab & Haryana High
Court against the award passed by the Motor Accident Claims Tribunal, Hissar. The High
Court dismissed the appeal observing that the Tribunal has given a finding that renewal of
the licence was genuine. We do not find any discussion regarding the evidence. The High
Court has not considered whether that finding of the Tribunal is correct or not. It being a
regular first appeal the High Court should have dealt with the evidence in its judgment and
recorded findings on the points raised by the parties. As that has not been done, this appeal is
allowed, the judgment of the High Court is set aside and the matter is remitted to the High
Court for disposal in accordance with law. Till then, the impugned decree against the
Insurance Company shall not be executed, if it has not been executed so far.

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