FAO No.1116 of 1995 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1116 of 1995 DATE OF DECISION: January 3, 2011 NEW INDIA ASSURANCE CO. LTD. ...APPELLANT VERSUS BACHHITTAR SINGH AND 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. L.M. SURI, SR. ADVOCATE WITH MR. DEEPAK SURI, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The issue that falls for consideration in all these three appeals is with regard to validity of driving licence. The insurance company had been granted the liberty to summon the witness and also for production of records. On being served with summons from Court, the District Transport Officer, Patna has merely sent a letter with a report relating to the driving licence. In my view, this letter cannot form the basis for entering a definite finding regarding the validity of driving licence. 2. I would not detain the case only for granting some more opportunity for the insurer at the appellate Court. I would set aside the finding regarding the driving licence and remit the matter for fresh consideration before the Tribunal only as regards the issue relating to FAO No.1116 of 1995 -2- validity of the driving licence of the driver who was admittedly involved in the accident on the relevant date. The award is confirmed as regards the quantum and entitlement and the claimant will have a right of enforcement against the insurer. But the issue whether the insurance company will be entitled to recover the amount after satisfying the award from the owner- insured will depend on the ultimate adjudication regards the validity of the driving licence. 3. The award of the Tribunal is modified and remitted to the Tribunal for limited exercise of an adjudication, i.e. an inter-se dispute between the insurer and the insured. The insurer and the insured shall be at liberty to adduce evidence, both oral and documentary, as regards the aspect of validity of the driving licence and for disposal in accordance with law. 4. All the three appeals are dispose of as above. 5. For appearance of parties before MACT, Ambala on 2.2.2011. January 3, 2011 (K.KANNAN) Gulati JUDGE