IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2332 of 2001 (O&M) Date of decision:12.07.2010 M/s Sada Ram Som Nath, Mustafabad Road, Thana Chhappar Yamunanagar and others. ....Appellants versus Smt. Kusum Devi and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Nitin Jain, Advocate, for the appellants. None for respondents 1 to 3. Mr. Vivek Singal, Advocate, for respondent No.4. ---- 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 owner and driver are in appeal against the award casting the liability on them to the exclusion of liability by the insurer. The driver had produced a copy of the driving licence which was marked-A that showed that his licence had been issued on 31.01.1983, renewed from Mathura from 1993 to 1996 and renewed again from Una (HP) 22.01.1996 to 21.01.1999. The insurer produced evidence by examining Jiwan Kumar, Junior Assistant, Registering and Licensing Authority, Una (HP), who spoke from the records of the register for the year 1993- 94. When the licence by Una authority was said to have been renewed FAO No.2332 of 2001 (O&M) - 2 - only in the year 1996, the production of register for the year 1993-94 and speak about want of entry against the name of the driver, is wholly meaningless. The Tribunal was in error in finding that the licence was fake. 2. It was in evidence by the driver that he had been employed as a truck driver in the army and after he was relieved from army, he was employed privately. The Insurance Company ought not to have been relieved from liability and the award of the Tribunal on the owner and the driver is erroneous and, therefore, set aside. The amount determined as compensation payable to the claimants shall be borne wholly by the insurer and the right of recovery for the claimants will be available against the Insurance Company. 3. The appeal is allowed on the above terms. There shall be however no directions as to costs. (K.KANNAN) JUDGE 12.07.2010 sanjeev