IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3698 of 1999 Date of Decision: 03.03.2011 New India Assurance Co. Ltd. ........Appellant Versus Smt. Harbhajan Kaur and others .......Respondents CORAM:- HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Ashwani Talwar, Advocate for the appellant. Ms. G.K.Mann, Advocate. ****** K.KANNAN, J. (ORAL) 1. The appeal by the Insurance Company is on the issue of liability that the driver did not have a valid driving licence. At the trial, the insurer relied on Ex.R-2, a report from the Licensing Authority, which was said to have been admitted to evidence with no objection from the respondent. However, this report was rejected by the Tribunal on the ground that he did not establish the correctness of the report by examining any person as a witness before the Tribunal. 2. There is an application filed before this Court for reception of additional evidence on this issue. I deem it that there is ground for such reception and I will, therefore, remit the matter for an adjudication on this issue before the Tribunal. The liability for the insurer as assessed by the Tribunal, so far as the claimant is concerned, stands confirmed and shall not be re-opened. The FAO No.3698 of 1999 -2- appellant shall be at liberty to summon such record and secure the presence of such witnesses as it deems proper. It is needless to state that the insured and the driver will also have adequate opportunity to lead evidence regarding the same. 3. Award is modified and the appeal by the insurer is allowed to the above extent only. 4. For appearance of parties before the Tribunal at Gurdaspur on 26.04.2011. March 03, 2011 (K.KANNAN) Gagan JUDGE