In the High Court of Punjab and Haryana at Chandigarh F.A.O. No.2385 of 1994 Date of decision: October 12, 2009 The New India Assurance Company Ltd. .. Appellant Vs. Pushpa Tyagi and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Neeraj Khanna, Advocate for the appellant. Mr. Yogesh Kumar, Advocate for the respondent No.1. Mr. Nitesh Bhardwaj, Advocate for Mr. Ashok Aggarwal, Sr. Advocate for respondents No.2 & 3. A.N. Jindal, J The impugned order passed on the review application appears to be a sketchy one. The court passed the order holding that the licence could not verified to be valid by the appellant, therefore, inference was drawn that the driver was holding a valid driving licence. It is argued that the Tribunal failed to hold proper enquiry regarding the validity of the licence which was condition precedent for payment of compensation to the claimant. Learned counsel for the respondents has also not disputed the fact that the case could be remitted back to the Tribunal. In these circumstances, apparently, the order passed by the Tribunal appears to be erroneous at the face of it and needs re-consideration by the Tribunal. Resultantly, I accept the petition, set aside the impugned order and remit the case back to the Tribunal to hold enquiry after affording opportunity to both the parties to led evidence with regard to validity of the licence while ignoring the said period of 60 days and pass appropriate order. I have been informed by Mr. Khanna, Advocate that the company has already made payment of the compensation amount. In this situation, if the Tribunal reaches the conclusion that the driver was not holding a valid driving licence at the time of accident, then it F.A.O. No.2385 of 1994 -2- *** would pass appropriate order for holding the liability of the appropriate person who was liable to pay the compensation and fix the liability as to who was to compensate the company with regard to payment made by it to the claimant. October 12, 2009 (A.N. Jindal) deepak Judge