IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1057 of 1994 Date of decision:28 .06.2010 New India Assurance Company Limited ....Appellant versus Kailash Rani and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Nilesh Bhardwaj, Advocate, for Mr.Amit Aggarwal, Advocate, for the appellant. None for the respondents. ---- 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 appeal by the Insurance Company challenges the award on the ground that the driving licence which had been produced before the Court was fake and the Insurance Company cannot be made liable. The issue has been referred to under Issue No.3 by the Tribunal where it has observed that in spite of several opportunities that had been granted to the Insurance Company for giving evidence, no evidence had been let in and only when the case was posted for orders, the Insurance Company moved an application to summon the records. This, the Tribunal found was as an attempt of the Insurance Company to capitalize on its own inaction. Before this Court as well, the Insurance Company had filed FAO No.1057 of 1994 - 2 - an application to summon the records from the licencing authority. The case pertains to an accident that took place on 09.02.1993 and it cannot survive this long a period for consideration of whether the Insurance Company shall be permitted to let in evidence that the driving licence was a fake one. In a claim by a 3rd party against an Insurance Company where admittedly there was a valid insurance, the burden shall be on the Insurance Company to disown its own liability and the Tribunal had already taken a view that the Insurance Company had been lax and would not allow the Insurance Company to capitalize on its own law laxity. It cannot be modified by extending an arm of equity for such an Insurance Company at the appellate stage. 2. The decision of the Tribunal, under the circumstances, perfectly justified casting the liability on the Insurance Company and calls for no interference. The appeal is dismissed. There shall be however no directions as to costs. (K.KANNAN) JUDGE 28.06.2010 sanjeev