FAO No.1439 of 1997 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1439 of 1997 Date of Decision. 28.09.2010 New India Insurance Company Ltd., Rupnagar through its Branch Manager ......Appellant Versus Malkiet Singh son of Dial Singh and others .....Respondents Present: Mr. Tajinder Pal, Singh, Advocate for Mr. Subhash Goyal, Advocate for the appellant. None 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. The insurance company is on appeal challenging the liability on the ground that the driver did not have a valid driving licence. At the trial, a report was taken from the Licensing Authority to show that the licence had not been issued in favour of the driver from their office. To secure proof for the report, a local commissioner had been appointed to collect the statement of persons from the Licensing Authority in the presence of witnesses having regard to the fact that the licensing authority was in Gorakhpur. The local commissioner gave a report stating that the licensing authority was not prepared to give a statement and it was not possible for him to affirm that the licence was fake. When a FAO No.1439 of 1997 -2- report did not conclusively show that the driving licence was fake, the insurance company ought to have taken appropriate steps to summon the authority or any person connected with the records to tender proof of the fact that the licence said to have been issued in favour of the driver was fake. That attempt was not done and under such circumstances, the Tribunal was justified in taking the view that the insurance company had not discharged the burden of proof that the licence was fake. I find no scope to take a different view on the issue. 2. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE September 28, 2010 Pankaj*