In the High Court of Punjab and Haryana at Chandigarh F.A.O. No.2384 of 1994 Date of decision: October 12, 2009 The New India Assurance Company Ltd. .. Appellant Vs. Dr. Satish Tyagi and others .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Neeraj Khanna, Advocate for the appellant. Mr. Yogesh Kumar, Advocate for the respondent No.1. Mr. Nitesh Bhardwaj, Advocate for Mr. Ashok Aggarwal, Sr. Advocate for respondents No.2 & 3. A.N. Jindal, J The impugned order passed on the review application appears to be a sketchy one. The court passed the order holding that the licence was not verified within 60 days and that fake licence could not be considered as genuine to fix the liability of the respondent. As a matter of fact, the Tribunal failed to hold proper enquiry regarding the validity of the licence which was condition precedent for payment of compensation to the claimant. Learned counsel for the respondents has also not disputed the fact that the case could be remitted back to the Tribunal. In these circumstances, apparently, the order passed by the Tribunal appears to be erroneous at the face of it and needs re-consideration by the Tribunal. Resultantly, I accept the petition, set aside the impugned order and remit the case back to the Tribunal to hold enquiry with regard to validity of the licence while ignoring the said period of 60 days and pass appropriate order. I have been informed by Mr. Khanna, Advocate that the company has already made payment of the compensation amount. In this situation, if the Tribunal reaches the conclusion that the driver was not holding a valid driving licence at the time of accident, then it would pass appropriate order for holding the liability of the appropriate F.A.O. No.2384 of 1994 -2- *** person who was liable to pay the compensation and fix the liability as to who was to compensate the company with regard to payment made by it to the claimant. During enquiry the owners would be at liberty to take up any plea available including that they had made bonafide enquiries with regard to validity of the licence. October 12, 2009 (A.N. Jindal) deepak Judge