IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2861 of 2011 Date of decision: 2.5.2011 National Insurance Company Limited … Petitioner versus Sushil Kumar and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. R.C.Kapoor, Advocate, for the petitioner ... ARVIND KUMAR, J: This revision is by the National Insurance Company. They are respondent No.3 in the claim petition titled Sushil Kumar v. Paramjit Singh etc. Suhsil Kumar has been awarded compensation of Rs.5000/- along with 7 per cent interest per annum from the date of petition till its realization. Liability to pay compensation has been fastened upon the insurance company. Counsel for the petitioner-insurance company contends that the driving licence No.1273/JHS/91 supplied to the investigator is not in the name of the driver, namely, Paramjit Singh but some other person, namely, Parmod Puri son of Ramesh Puri and as such, the licence was fake. Liability of payment should not have been fastened on the insurance company. The driver and the insurer deny the said licence or having handed over to the investigator. The investigator has not been examined as a witness by the insurance company. The impugned award indicates that the driver was having licence No. 1694/KHS/91 (Mark-A) indicating that he was authorized to drive LTV as on the date of accident. Onus is on the insurance company to prove that the driver was not holding a valid driving licence. There is absolutely no verification with regard to the said driving licence and as such, the insurance company cannot escape its C.R. No. 2861 of 2011 -2- liability to indemnify the insured. No interference is called for. The revision petition being without any merit stands dismissed. May 2, 2011 ( ARVIND KUMAR ) JS JUDGE