In the High Court of Punjab and Haryana at Chandigarh F.A.O. No. 2381 of 2009 (O&M) Date of decision: December 18, 2009 Pawan Kumar .. Appellant Vs. Charanjit Kaur and others .. Respondents F.A.O. No.2382 of 2009 (O&M) Pawan Kumar .. Appellant Vs. Satnam Singh and others .. Respondents. Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Sanjeev Kumar Arora, Advocate for the appellants. Mr. Vinod Gupta, Advocate for the insurance company. A.N. Jindal, J This order of mine shall dispose of two connected appeals Nos.2381-82 of 2009 having arisen out of the same judgment are decided together. Learned counsel for the appellant- respondent No.2 (owner) has strenuously contended that his case has not been properly conducted by his counsel as he did not appear on the date fixed. Records reveal that the respondent No.2 had engaged the counsel but he did not put in appearance on 25.4.2008, therefore, he was proceeded against ex-parte. At the same time, the counsel for the company also feels handicapped in proving that the driver was not holding a valid driving licence. As such, the company also wants to bring more evidence F.A.O. No. 2381 of 2009 & F.A.O. No.2382 of 2009 -2- to bring the truth to the fore. However, since the respondent No.2 has not been provided adequate opportunity to lead evidence in order to prove that the respondent No.4 was holding a valid licence, as also the appellant could not properly present his case for the fault on the part of his counsel. As such, with the consent of both the parties, this case is remitted back to the Tribunal to decide issue No.4 in accordance with law after providing opportunity to both the parties to lead evidence. Parties are directed to appear before the Tribunal on 18.2.2010. December 18, 2009 (A.N. Jindal) deepak Judge