IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.780 of 1997 (O&M) Date of decision:20.12.2010 New India Assurance Company Limited ....Appellant versus Hari Ram and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. R.C. Gupta, Advocate, for Mr. Pradeep Bedi, Advocate, Mr.Vinod Gupta, Advocate, for the appellant. Mr. Munish Gupta, Advocate, for respondents 6 and 7. ---- 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 is by the Insurance Company challenging the issue of liability on the ground that the driver did not have a valid driving licence. I had passed an order allowing the Insurance Company the liberty to summoning the witness from the Licensing Authority, Hyderabad, but in spite of issue of summons, there is no report whether it has been served or not. I do not want to detain the case only for this reason and I deem it, under the circumstances, as sufficient, if such an opportunity were to be given to the insurer and the matter is remitted to the Tribunal for adjudication on the issue relating to the driving licence. The award of the Tribunal casting the liability of the Insurance Company FAO No.780 of 1997 (O&M) - 2 - as far as the claimants are concerned stand confirmed and the finding relating to the validity of the driving licence alone is set aside and an adjudication shall be undertaken by the Tribunal and the appellant shall be at liberty to give appropriate evidence in support of the respective contentions. Needless to state that the owner/driver shall also be at liberty to give any rebuttal evidence in support of the contentions. 2. The appeal is allowed to the above extent and the matter is remitted to the Motor Accidents Claims Tribunal at Rupnagar. 3. For appearance of parties before the Tribunal on 28.01.2011. (K.KANNAN) JUDGE 20.12.2010 sanjeev