FAO No.2334 of 1996 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2334 of 1996 Date of Decision. 16.09.2010 National Insurance Co. Ltd., through the Administrative Officer, Regional Office II, Sector 35, Chandigarh ......Appellant Versus Shri Ved Pal son of Hira Lal son of Man Singh and others ......Respondents Present: Mr. Harsh Aggarwal, 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 challenging the validity of the driving licence and consequently, its own liability. The insurer did no more than addressing a letter through its manager to the Licensing Authority seeking verification of the details of licence and obtaining response in its own letter through an endorsement that particulars differed. That should have been the starting point for the insurer to have taken steps before the Tribunal to substantiate the plea that the driver did not have a valid driving licence. A mere letter of communication cannot prove that the driving licence was fake. The authenticity of the endorsement itself was required to be established at the trial. FAO No.2334 of 1996 -2- 2. The Tribunal was, therefore, justified in holding that the insurer had not discharged its burden of proof. The award is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE September 16, 2010 Pankaj*