IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1765 of 1995 Date of decision:01.09.2010 The Oriental Insurance Company Limited ....Appellant versus Smt. Krishana and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Tejinderpal Singh, Advocate, for the appellant. Mr. B.S.Walia, Advocate, for respondent No.7. ---- 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. At the trial, the Insurance Company did no more than securing a surveyor's report that the licence was not genuine. The burden which is cast on the insurer to prove that the driver did not have valid driving licence cannot be said to be discharged by merely producing a report of the surveyor. The duty was to secure the original records from the licensing authority and/or to examine a person connected with the records to prove positively that the licence was not genuine and that it had not been issued FAO No.1765 of 1995 - 2 - by the licensing authority. The burden had not been discharged effectively and the award of the Tribunal casting liability on the insurer cannot be disturbed. 2. The award is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 01.09.2010 sanjeev