IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2325 of 1997 Date of decision:16.08.2010 The New India Assurance Company Limited ....Appellant versus Satya Devi and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Ravinder Arora, Advocate, for the appellant. None for the respondents. ---- 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 proved on record that the driving licence which was issued to the driver was fake, having not been issued by the Licensing Authority at Hoshiarpur. Although it was an issue of fact backed by evidence, the evidence had also come through the owner Karamjit Singh, who had been examined as RW-2 that he had been shown this particular licence and he acted on the same bona fide and appointed him. The belief of the owner that a driver possessed a valid driving licence is sufficient to show that he had not committed any breach of terms of the policy. It is only the breach by the owner that excludes the liability for the insurer. In the case where the evidence FAO No.2325 of 1997 - 2 - squarely addressed the instance of the owner himself regarding his belief that the driver had a driving licence, the insurer shall become liable. 2. The award of the Tribunal is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 16.08.2010 sanjeev