FAO No.3000 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3000 of 1999 Date of Decision. 19.07.2010 New India Assurance Co. Ltd., SCO No.36-37, Sector 17-A, Chandigarh through its Regional Manager .........Appellant Versus Durga Singh son of Sh. Teg Bahadur, r/o Baldev Nagar, Ambala City and another .......Respondents Present: Mr. Neeraj Khanna, 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 a case where the insurer pleads that the driver did not have a valid driving licence, the driver-cum-owner gave evidence to the effect that he had a licence but it was lost in the accident. This statement was believed by the Tribunal and it reasoned that the burden of proof had not been discharged by the insurer. 2. The possibility of an insurer to secure records from the licensing authority would arise only, if some particulars are provided by the driver. A denial that a driving licence is lost cannot absolve the insured to provide that information to an insurer when he demands one or when he pleads that the driver did not have a valid driving licence. The contention of the driver even if true cannot FAO No.3000 of 1999 -2- help the insured if he did not give some proof for an insurer to verify in a case where the insurer was denying that the driver had a driving licence. 3. In this case, the Tribunal ought to have found that the breach was established by the inability of the driver-cum-owner to prove that he had a valid driving licence to claim the right of indemnity against the insurer. 4. The appeal is allowed to provide for a right of recovery against the insured after satisfying the claim of the claimants. (K. KANNAN) JUDGE July 19, 2010 Pankaj*