IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2732 of 2000 (O&M) Date of decision:20.09.2010 United India Insurance Company Limited ....Appellant versus Inderjit Singh and others ...Respondents 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 Insurance Company is in appeal challenging the issue of liability on the ground that the driver did not have a valid driving licence. The Tribunal also held on production of evidence by the insurer that the licence had been issued in the name of Nahar Singh and not in the name of Israil. The licence was said to have been issued by the RTA, Faridabad and the Tribunal rejected the contention that there so many licensing authorities and anyone could have issued Licence No.2342 and it cannot be inferred that the particular licence having the same number could not be true. The reasoning of the Tribunal is wholly faulty. There cannot be a same licence number issued from the same licensing authority in terms of the relevant Common State Register maintained under Rule 23 of the Central Motor Vehicles Rules of 1989. The finding FAO No.2732 of 2000 (O&M) - 2 - of the Tribunal that the insurer had not proved that the driver did not have a valid driving licence is, therefore, erroneous. The liability shall still subsist to satisfy the claimants and the insurer will have a right of recovery against the insured. 2. The award of the Tribunal is modified and the appeal is allowed to the extent of providing to the insurer a right of recovery against the insured. (K.KANNAN) JUDGE 20.09.2010 sanjeev