FAO No.252 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.252 of 1998 Date of Decision. 14.10.2010 National Insurance Company Limited, Janta Bhawan Road, Sirsa Branch, Sirsa Tehsil and District Sirsa through its Divisional Manager (insurer of the vehicle truck No.HR-24/7166) ......Appellant Versus Kishor Kumar son of Shri Om Parkash Arora, resident of village Maujdin, Tehsil and District Sirsa and others ......Respondents 2. C.R. No.1378 of 1998 National Insurance Company Limited, Janta Bhawan Road, Sirsa Branch, Sirsa Tehsil and District Sirsa through its Divisional Manager (insurer of the vehicle truck No.HR-24/7166) ......Appellant Versus Balraj son of Shri Sohan Lal Arora and others ......Respondents Present: Mr. Tajinder Pal Singh, Advocate for Mr. Subhash Goyal, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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. In both the cases, the point in issue is whether the insurer was able to effectively discharge its burden of proof that the driver did not have a valid driving licence. The original is said to have been issued by the Licensing Authority at Delhi and on a report secured that the licence was fake, a local commissioner was appointed to make a verification. It transpired that the original records were FAO No.252 of 1998 -2- transferred at the office of the Licensing Authority and therefore, the report of the local commissioner proved inconclusive. If there was a copy of the driving licence which is produced and the genuineness could not be proved by unavailability of appropriate evidence, it cannot be held against the owner insured or the driver that the driving licence was not genuine. There cannot be a presumption against genuineness of any driving licence. 2. Under the facts and circumstances when the insurance company gave no proof that the driving licence was not genuine, I have no option but to affirm the awards and make the insurer liable. The appeals are dismissed. (K. KANNAN) JUDGE October 14, 2010 Pankaj*