F.A.O.Nos. 3321 & 3700 of 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.No. 3321 OF 1999 Date of decision:14th December, 2010 National Insurance Company Ltd. SCO No. 332-334, Sector 34-A, Chandigarh through its Regional Manager. .......Appellant Versus Kamaljit Singh and others ........Respondents F.A.O.No. 3700 of 1999 Kamaljit Singh son of Sh. Sarwan Singh r/o village Shergarh P.O. Nahl, Distt. Jalandhar. ........Appellant Versus Sh. Vinod Kumar and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. L.M.Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate, for the Insurance Company. None for the claimants. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. FAO NO. 3321 of 1999 is at the instance of the Insurance Company. Vide order dated 17.09.2010, the Insurance Company had been permitted to summon the witness from the Licencing Authority F.A.O.Nos. 3321 & 3700 of 1999 2 at Jalandhar. Registry reports that notice has been served but none has appeared. I do not want to detain the case for hearing only for extending yet another opportunity to produce the evidence. I confirm the award making the insurer liable but however, the finding regarding the driving licence by the Tribunal is set aside. The case is remitted to the Motor Accident Claims Tribunal at Faridkot for an adjudication regarding the validity of the driving licence only. Insurance Company will be at liberty to produce appropriate evidence before the Motor Accident Claims Tribunal at Faridkot and the finding regarding the same will determine the entitlement or otherwise of the insurer to satisfy the claim and recover the same against the insured- owner. 2. FAO No. 3700 of 1999 is filed at the instance of the claimants for enhancement of claim but none has put in appearance. The cross appeal is dismissed for non prosecution. [K.KANNAN] JUDGE 14th December, 2010 Shivani Kaushik