IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4227 of 2006 Date of decision:31.08.2010 The Oriental Insurance Company Limited ....Appellant versus Saroj Devi and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Amit Rawal, Advocate, for the appellant. Mr. Jasbir Singh, Advocate, for respondents 1 to 5. ---- 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 the liability on the ground that in spite of the fact that the driver was not known to have possessed a valid driving licence, the Tribunal had wrongly cast the liability on it. In this case, evidence was brought on record with reference to the register and a witness from the Licensing Authority, Gurgaon that the licence was fake. The driver and the owner had remained ex parte and no explanation had been given about the character of licence which was shown to be fake. The Tribunal was in error in casting the liability on the insurer without providing for a right of recovery against the insured. FAO No.4227 of 2006 - 2 - 2. The appeal is allowed to the above extent, satisfying the claim of the claimants and providing to the insurer a right of recovery. (K.KANNAN) JUDGE 31.08.2010 sanjeev