FAO No.1713 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1713 of 1998 Date of Decision. 05.08.2010 The New India Assurance Co. Ltd., Regional Office, SCO No.36-37, Sector 17-A, Chandigarh through Sh. K.B. Bindal, Asstt. Manager duly constituted Attorney ......Appellant Versus Parbati w/o Jang Bahadur and others ......Respondents Present: Mr. Raj Kumar Bashamboo, 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 company has come on appeal against the award passed by the Tribunal, although it attempted to show that the driver did not have a valid driving licence. The Tribunal found that there was a report of the surveyor of the insurer that the driving licence was not true. In para 11 of the award, the Tribunal held that the insurance company shall have a right of recovery but in the operative part of the award, there was no such provision. 2. The ultimate decision will have to be still supported, notwithstanding the finding of the Tribunal that there was a report of the investigator that the driving licence was not genuine. I would hold that the finding of the Tribunal is not justified, for the Court FAO No.1713 of 1998 -2- could not have merely allowed the investigator's report to be the basis that the licence was not genuine. The insurer could not be said to have discharged its burden by making the report available without calling for the production of the register or securing the attendance of a witness, who is connected with the entries in the register. I vacate the finding of the Tribunal that the driving licence of the driver was proved to be fake. The insurance company shall, therefore, be liable. 3. The appeal filed by the insurer is dismissed. (K. KANNAN) JUDGE August 05, 2010 Pankaj*