F.A.O.NOs. 1164 to 1166 OF 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1164 OF 1995 Date of decision:30th November, 2010 The New India Assurance Co. Ltd., SCO 36-37, Sector 17-A, Chandigarh through its Regional Manager. .......Appellant Versus Nirmal Singh and others ........Respondents F.A.O.No. 1165 OF 1995 The New India Assurance Company Limited, SCO No. 36-37, Sector 17-A, Chandigarh through its Regional Manager. .......Appellant Versus Shri Dilap Singh and others ......Respondents F.A.O.No. 1166 of 1995 The New India Assurance Company Limited, SCO No. 36-37, Sector 17-A, Chandigarh through its Regional Manager. .......Appellant Versus Smt. Rajwant Kaur and others ......Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. L.M.Suri, Senior Advocate with Mr. Neeraj Khanna, 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 only issue that arises for consideration in all the F.A.O.NOs. 1164 to 1166 OF 1995 2 appeals is whether the driver was duly licenced at the time of the accident. 2. Learned counsel appearing on behalf of the Insurance Company states that they had taken steps to summon the witness and process has also been issued by the Court but there is no report of service on the case file. 3. I do not want to detain the case only for a consideration that will have an immediate relevance between the insurer and the insured only. I confirm the award regarding the initial liability of the insurer as regards the quantum and set aside the finding relating to the driving licence. 4. All the three appeals are remitted to the Motor Accident Claims Tribunal, Amritsar which shall afford opportunity to the insurer, the owner and driver to adduce appropriate evidence, if need be summoned the records from the Competent Authorities. The ultimate decision regarding the validity of the driving licence will conclude the issue relating to whether the Insurance Company shall be entitled to recover the amounts secured under the awards against the owner and driver or not. 5. The appeal is allowed to this limited extent only. 6. Parties are directed to appear before the Motor Accident Claims Tribunal, Amritsar on 6.01.2011. [K.KANNAN] JUDGE 30th November, 2010 Shivani Kaushik