IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2368 of 1998 (O&M) Date of decision:14.12.2010 United India Insurance Company Limited ....Appellant versus Smt. Anbari and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. V.Ramswaroop, 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 appeal by the Insurance Company is on the issue of liability on the ground that the driver did not have a valid driving licence at the relevant time. I had granted opportunity to the Insurance Company through an order dated 21.07.2010 to examine the competent witness with reference to the document. RW1, who was a Clerk in the RTO office at Alwar, was summoned to the Court and he has spoken with reference to the register issued for the year 1991. The particular licence number said to contain the name of the first respondent actually stands in thename of Bhagwan Dass and evidently, the document produced by the driver was fake. There is no evidence offered on the side of the owner of the vehicle regarding his own belief as to how he acted on the driving FAO No.2368 of 1998 (O&M) - 2 - licence said to have been produced by the driver. There has been, therefore, a breach of term of the policy and the Insurance Company's liability shall only be to satisfy the claimants and shall have a right of recovery against the insured/owner. 2. The award is modified and the appeal is allowed to the above extent. (K.KANNAN) JUDGE 14.12.2010 sanjeev