IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1374 of 1997 (O&M) Date of decision:21.09.2010 National Insurance Company Limited ....Appellant versus Rakesh Kumar Walia and others ...Respondents Present: Mr.Neeraj Khanna, Advocate, for Mr. Ravinder Arora, Advocate, for the appellant. None for the respondents. ---- 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 grievance of the Insurance Company is that it had moved an application for summoning the evidence of the licensing authority but the request was rejected. A verification report had been filed from the licensing authority to show that the driver did not have a valid driving licence. It was not acted upon. The issue whether the driver had a valid driving licence or not is a permissible defence under Section 149(2) and the Insurance Company is entitled to lead evidence to discharge the burden of proof. If permission had not been granted especially when the insurer had a prima facie document to show through a verification report that the driver did not have a valid driving licence, an opportunity ought to have been granted to adduce adequate production of the same. FAO No.1374 of 1997 (O&M) - 2 - 2. There is no appearance for the respondents and it is not possible for me to dispose of the appeal in the absence of the requisite evidence. The issue whether the driver had a valid driving licence or not is essentially an inter se a dispute between the insurer and the insured and the claimants cannot come to any harm even if the driver did not have a valid driving licence. The liability of the insurer shall always be to satisfy the claim of third parties. The award of the Tribunal is, therefore, set aside only for the limited purpose of examination of whether the driver had a valid driving licence or not. No notice of the proceeding need be sent to the claimants. Matter is remitted to the Tribunal for an adjudication on the issue relating to the driving licence. Insurer shall be at liberty to take appropriate steps to summon the documents from the competent authority and examine such evidence as it deem fit. The insurer and the driver are at liberty to tender appropriate evidence in support of their respective contentions. 3. For appearance of parties before the Tribunal, Hisar on 08.11.2010. (K.KANNAN) JUDGE 21.09.2010 sanjeev