IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1023 of 1995 (O&M) Date of decision:29.09.2010 United India Insurance Company Limited ....Appellant versus Bhim Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ----- Present: Mr. L.M.Suri, Senior Advocate, with Mr. Neeraj Khanna, Advocate, for the appellant. Mr. Kanwalvir Singh Kang, Advocate, for respondent No.1. Mrs. Ritam Aggarwal, Advocate, for respondent No.2. Mr. L.M.Gulati, Advocate, for respondents 3 to 10. ----- 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. It attempted to prove its defence by reliance on a report by the licensing authority issued through the investigator of the Insurance Company. A report which is not statutory in character is no public document and it cannot be relied on if it is contested at the trial. If the Insurance Company ought to have produced the original register or examine a FAO No.1023 of 1995 (O&M) - 2 - person connected with the relevant records to establish the authenticity of the recitals in the report. The Insurance Company could not be said to have duly discharged the burden of proof that the licence was fake. 2. The award of the Tribunal making the insurer liable, under the circumstances, is justified and I see no reason for interference in the appeal. The appeal is dismissed. (K.KANNAN) JUDGE 29.09.2010 sanjeev