IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cross Objection No.52-CII of 2000 FAO No.2668 of 1999 (O&M) Date of decision:02.07.2010 The New India Assurance Company Limited ....Appellant versus Simarjeet Kaur 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. Anurag Chopra, Advocate, 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 against the judgment of the MACT against the liability cast on it contending that in spite of the fact that the driver who drove the vehicle was proved to have had a fake driving licence, no right of recovery from the insured was provided to it. 2. The liability of the Insurance Company in a case of a fake licence or a renewal of licence of a licence which was a fake one have been considered by the Hon'ble Supreme Court in several cases and the decisions in National Insurance Company Versus Swaran Singh- (2004) 3 SCC 297 and United India Insurance Versus Divinder Singh- FAO No.2668 of 1999 (O&M) - 2 - (2007) 8 SCC 342, are instructive. In the latter judgment, it has been held that a renewal of a fake driving licence is no licence at all and hence the insurer shall not be liable. 3. This is a case where the renewal of the licence had been made on 27.01.1994 by DTO office, Sangrur and at the relevant time of accident, there was a valid renewal. The Insurance Company, however, wanted to contend that the original issue of licence by the licensing authority, Patna was not true. A Local Commissioner had been sent who had collected the evidence through the Clerk in the office of the licensing authority. The learned senior counsel argues strenuously that it was a clear evidence to the effect that their office had not issued DL No.16854 of 1987 on 15.06.1987 and the name of the driver was not found entered in their issue register. This aspect has been dealt with particular reference to the nature of documents that were produced before the Tribunal. The Tribunal has observed as follows:- “......one local commissioner Sh. K.D.Sayal was appointed by this Court to determine as to whether driving licence of the respondent No.1 was issued by DTO Office Patna or not. That report dated 25.11.1998 is there on the record. It is contended that report is admissible in evidence pre-se in view of provisions of Order 26 Rule 10 of CPC. Even as per sub Rule 2 of Order 26 Rule 10 CPC, evidence recorded by local commissioner to be taken in evidence. Therefore, statement of Ajay Kumar, Dealing assistant recorded by the local commissioner itself can be look at for determining validity of the driving licence. Perusal of statement of Ajay Kumar dealing assistant shows along with report of the local commissioner that record produced by concerned official of DTO office, Patna before the local FAO No.2668 of 1999 (O&M) - 3 - commissioner was not in accurate condition and was not maintained well. Register shown to the local commissioner as per cross-examination of Ajay Kumar does not bear page marking and was in loose condition, some of the papers from this register were missing. No certificate of the authority regarding number of pages was there and even there was no page marking of the register. Thus evidence recorded by the local commissioner itself establishes that records in the office of D.T.O., Patna regarding issue for driving licence were not at all properly maintained......” 4. There has been a detailed consideration and if the Tribunal says that it was not safe to rely on the document produced before the Court, I do not want to substitute my own reason, if there are two opinions. I would rather go with a finding of fact rendered by the Tribunal. 5. I do not see any reason for taking a different view from the Tribunal. The appeal is consequently dismissed. (K.KANNAN) JUDGE 02.07.2010 sanjeev