FAO No.1265 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1265 of 2002 Date of Decision. 07.07.2010 New India Assurance Co. Ltd., through its Assistant Manager, Regional Office at SCO No.36-37, Sector 17-A, Chandigarh .........Appellant Versus Tara Singh and others .......Respondents Present: Mr. N.K. Khosla, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The Insurance Co is in appeal against the judgment of the MACT contending that in spite of the fact that the driver who drove the vehicle was proved to have had a fake driving licence, the liability is wrongly cast on it. 2. The Tribunal has observed in its judgment that “the onus to prove this issue was on the respondent-insurance company. The counsel for respondent Nos.1 and 2 has placed on record copy of driving licence Ex.R-2. The respondent insurance company has failed to lead any evidence to challenge the authenticity of driving licence Ex.R-2. However, at the fag end of the trial, the counsel for respondent No.3 has filed an application for directing respondent No.1 and 2 to produce original driving licence. The said application FAO No.1265 of 2002 -2- was dismissed. The respondent-insurance company has failed to examine any witness from the licensing authority to prove that respondent No.2 was not having a valid driving licence at the time of accident. Moreover, the perusal of driving licence Ex.R-2 depicts that it was valid at the time of accident. So, it is held that respondent No.2 was having a valid driving licence at the time of accident.” 3. The insurance company has failed to discharge its burden. I do not find any error in the judgment of the Motor Accident Claims Tribunal and the appeal is dismissed. No costs. (K. KANNAN) JUDGE July 07, 2010 Pankaj*