FAO No.828 of 1997 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.828 of 1997 DATE OF DECISION: January 27, 2011 THE NEW INDIA ASSURANCE CO. LTD. ...APPELLANT VERSUS AMRIK SINGH & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement. No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. NEERAJ KHANNA, ADVOCATE and MR. RAJAT KHANNA, ADVOCATE FOR THE APPELLANT. MS. MANISHA SETIA, ADVOCATE FOR RESPONDENT NO.1 NONE FOR RESPONDENTS NO.2 AND 3. K.KANNAN, J.(ORAL) 1. On 10.11.2010, I had offered to the insurance company an opportunity to examine the validity of the alleged driving licence said to have been issued by the authority. I had reissued the order on 14.12.2010, when the insurance company had still not taken steps and the report of the Registry is that the service on witness was still awaited. I do not want to hold up the trial any further, for, the issue of validity of driving licence is essentially an inter-se dispute between the insurer and the insured and the claimant-third party shall not come to any harm of adjudication, one way or the other. The right of enforcement of the award by the claimant is protected and the finding of the Tribunal regarding the driving licence alone FAO No.828 of 1997 -2- is set aside and the matter is remitted to the Tribunal at Karnal for fresh disposal in accordance with law. The insurer and the insured shall be at liberty to examine such witnesses as they deem proper for consideration of the issue regarding the validity of the licence of the driver at the relevant time of the accident. 2. For appearance of the parties before the Tribunal on 19.2.2011. January 27, 2011 (K.KANNAN) Gulati JUDGE