IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. 1601 of 1995 (O&M) Date of Decision: 14.10.2010. United India Insurance Company Limited ....Appellant Versus Dharam Pal Dahiya and others ...Respondents CORAM : Hon'ble Mr. Justice K.Kannan. Present:- Mr. D.P. Gupta, Advocate for the appellant. None for respondent. K.KANNAN, J(Oral) 1. On the previous hearing, I had directed through an order on 27.7.2010 production of evidence from the Licencing Authority. It appears notices have been issued through the District Judge, Una and District Judge, Hoshiarpur. The evidence from Licencing Authority, Una, has come but the learned counsel states that evidence, he may have to produce, is negative in character, in the sense, non-issue of licence on a particular day and the evidence of the Licencing Authroity, Hoshiarpur, is what is more relevant, that will have a bearing whether a copy of the licence produced on behalf of the driver was genuine or not. 2. Since order dated 27.7.2010 has not gone to its logical end, I would not detain this case further before this Court. I set aside the finding regarding the validity of licence alone and remit the matter for fresh consideration before Tribunal at Sonipat. The award is confirmed as far as the claimants are concerned and the liability of the insurer but the matter stands remitted for an adjudication of the F.A.O. No. 1601 of 1995 -2- issue regarding the validity of the driving licence that should be relevant as inter-se dispute between the insurer and the insured. It shall not be necessary for the claimants to join at the trial for a fresh adjudication of the point of driving licence. The ultimate right of the Insurance Company to recover the amount which the award casts on the insurer will depend on the outcome of its adjudication. 3. Parties are directed to appear before the Tribunal on 23.11.2010. (K.KANNAN) 14.10.2010. JUDGE Reema