IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH FAO No.582 of 1992 Date of decision:19.08.2010 Oriental Insurance Company Limited ...Appellant Versus Surjit Kaur and others ....Respondents II. Civil Revision No.1107 of 1992 Oriental Insurance Company Limited ...Appellant Versus Kala and others ....Respondents Present: Mr. Tejinderpal Singh, 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. In both the cases, the Insurance Company is in appeal on the issue of liability on two grounds: (i) the deceased were travelling in fitter rehra and the negligence ought to have been attributed only to the deceased themselves; (ii) the other ground is that driver did not have a valid driving licence. FAO No.582 of 1992 - 2 - 2. The fact that the deceased were travelling in a native mechanical contrivance cannot afford to a driver of truck to be negligent to run them over. The liability has to be seen only by the fact whether the driver of the truck had been negligent or not. It was so found by the Tribunal and I do not find any error in the same. 3. As regards the contention that the driving licence was fake, the Insurance Company did no more than secure a report from the licensing authority that the licence was fake. No person from the licensing authority was examined and no register was summoned for verification. The Tribunal held that the report had not been proved. I do not think the reasoning of the Tribunal could be assailed. 4. The awards are confirmed and both the cases are dismissed. (K.KANNAN) JUDGE 19.08.2010 sanjeev