IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1320 of 1996 (O&M) Date of decision:01.10.2010 The Oriental Insurance Company Limited ....Appellant versus Sher Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, 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 Insurance Company is in appeal challenging liability on the ground that the driver did not have a valid driving licence. Before the Tribunal, the Clerk from the Licensing Authority, Solan had been examined as RW1, who spoke with reference to the register that at the relevant date on 11.09.1990, no licence had been issued in the name of Kuldip Singh with the particulars as found in the copy of the licence secured from the driver. The Tribunal misread the evidence of RW1 to hold that he had not produced the heavy vehicle licence register and, therefore, the Insurance Company could not be said to have established his defence. The inference was clearly wrong and opposed to the plain FAO No.1320 of 1996 (O&M) - 2 - reading of the evidence tendered by the insurer. 2. The liability of the Insurance Company shall be only to satisfy the claimants and will have a right of recovery against the insured. 3. The award is modified and the appeal is allowed to the above extent. (K.KANNAN) JUDGE 01.10.2010 sanjeev