FAO No.1374 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1374 of 1998 Date of Decision.16.11.2010 New India Assurance Co. Ltd., through Sh. K.B. Bindal, Asstt. Manager its duly constituted Attorney, Regional Office, Sector 17-A, Chandigarh ......Appellant Versus Dharmo Devi widow of Shri Mam Chand son of Shri Bhartoo and others ......Respondents Present: Mr. Vinod Gupta, Advocate for Mr. Pradeep Bedi, 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. I had already passed an order on 09.08.2010 affording a opportunity to the insurer to produce proof regarding the alleged validity of the driving licence. The licensing authority was at Gwalior and although summons have been issued, it is not known whether they have been served or not. Learned counsel appearing for the insurance company is also unable to give details of particular as regards service. I do not want to hold the disposal of the case only on account of the non-service of notice since the invalidity of driving licence will have relevance only for inter se dispute between the insurer and the insured. 2. The award passed by the Tribunal casting the liability on the FAO No.1374 of 1998 -2- insurance company and as regards the quantum are affirmed. The finding of the Tribunal as regards the driving licence alone is set aside and remitted to the Tribunal at Karnal for fresh consideration in accordance with law. 3. Both the parties namely the insurer and the insured shall be at liberty to produce such evidence as they deed fit in support of their respective contention. The appeal is allowed and remitted as above. 4. For appearance of parties before the Tribunal on 28.12.2010. (K. KANNAN) JUDGE November 16, 2010 Pankaj*