F.A.O.NO. 2639 OF 1998 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2639 OF 1998 Date of decision:29th July, 2010 The New India Assurance Co. Ltd. .......Appellant Versus Kashmir Singh and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. V.Ramaswarup, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Tribunal has found that the driving licence was not genuine and has also given a reason to the fact that the driver did not face the witness box only because of the evidence on behalf of the insurer i.e., RW-1. By production of evidence the insurance company will be made liable, only to satisfy the claimant but recover the same against the insured, as laid down in National Insurance Co. V. Swaran Singh (2004) 3 SCC 297. F.A.O.NO. 2639 OF 1998 2 2. The award of the Tribunal under circumstances is modified to extend the liability of the insurer only to satisfy the claimant with the right of recovery against the insured. The appeal is allowed to the above extent. [K.KANNAN] JUDGE 29th July, 2010 Shivani Kaushik