FAO No.2659 of 1996 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2659 of 1996 Date of Decision. 31.08.2010 The New India Assurance Company, 944/11, Govind Nagar, Pehowa Road, Kaithal certificate No.0110521, cover note No.R-15627/188 ......Appellant Versus Smt. Shunari Devi widow of Mea Singh son of Chandu and others ......Respondents Present: Mr. Inderjit Sharma, Advocate for Mr. Pradeep Bedi, 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 challenges the award on the ground that the driver did not have a valid driving licence and hence, there was no liability for the insurer to indemnify the insured. At the trial, the insurer secured the evidence of the Licensing Authority, Una, Sh. Jiwan Kumar, RW-2 to prove with reference to the register that the particular licence number that the copy of the licence produced by the driver had not been issued by the Licensing Authority to the driver. The Tribunal rejected this evidence only on the ground that the renewal register had not been brought before the Court. It has been held by the Hon'ble Supreme Court in United India Insurance Company Limited Vs. Divinder FAO No.2659 of 1996 -2- Singh (2007) 8 SCC 698 that even if the renewal is genuine and the original licence was fake then it is no valid licence at all. The non- production of the renewal register shall be irrelevant in a case where the original issued was proved to be false. There was no contra evidence or explanation given either by the owner or by the driver. The insurance company could not have been made liable without making a provision for right of recovery against the insurer. 2. The award of the Tribunal is modified to the above extent and the appeal is allowed to that extent only. (K. KANNAN) JUDGE August 31, 2010 Pankaj*