FAO No.4801 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4801 of 2003 Date of Decision. 14.10.2010 National Insurance Company Limited, having its Regional Office SCO No.337-340, Sector 35, Chandigarh through its duly constituted attorney ......Appellant Versus Balwant s/o Ram Chander and others ......Respondents 2. FAO No.4802 of 2003 National Insurance Company Limited, having its Regional Office SCO No.337-340, Sector 35, Chandigarh through its duly constituted attorney ......Appellant Versus Smt. Santosh widow of Sh. Om Prakash and others ......Respondents Present: Mr. Neeraj Khanna, Advocate for Mr. Ravinder Arora, Advocate for the appellant. Mr. J.L. Malhotra, Advocate for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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. Both these appeals are on the issue of liability of the insurance company for the alleged fake licence of the driver who was involved in the accident. When a copy of the licence had been produced, the insurance company sought verification of the particulars through a local commissioner, who collected evidence from the particular authority, which had issued the licence and the report had been filed on 3.5.2003. On the same day, it appears that FAO No.4801 of 2002 -2- the driver produced yet another copy of licence issued from another authority. The evidence that was filed by the insurer was with reference to a copy of the licence, which was produced by the driver himself, which was exhibited as Mark A. He produced yet another document Ex.R-6 on the same day, when the report was filed. The Tribunal commented that the insurance company had not produced evidence from that authority, which had issued the original of R-6. I cannot accept this reasoning, for it cannot be expected that the insurer would know that the driver had several licences. After all, Section 6 of the Motor Vehicles Act contemplates issue of only one licence. If there was yet another licence, which would also require to be examined for its genuineness then I would think an opportunity has to be given to the insurer to bring such evidence relating to Ex.R-6, as it thinks fit and relevant to R-6. The finding of the Tribunal as regards the driving licence is set aside and remitted to the Tribunal at Jind for adjudication relating to the issue of validity of the driving lience only particularly with reference to the details contained in R-6. The adjudication is only to settle an inter se dispute between the insurer and the insured and the award passed in favour of the claimants making the insurer liable will stay confirmed. 2. For appearance of the parties before the Tribunal on 25.11.2010. The original records be also despatched immediately to the Tribunal. (K. KANNAN) JUDGE October 14, 2010 Pankaj*