FAO No.1068 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1068 of 1998 Date of Decision. 30.09.2010 New India Assurance Company Limited, Ambala Cantt. Through its Senior Divisional Manager ......Appellant Versus Roshan Lal son of Sarda Ram, resident of village Bilaspur, Tehsil Naraingarh, District Ambala and others ......Respondents Present: Mr. Neeraj Khanna, 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 denies liability on the ground that he driver did not have a valid driving licence. The insurance company relied on a report secured by the insurance company from the licensing authority to show that a particular licence with the details of licence number and the name said to have been issued by the licensing authority at Sadar Mandi had not been issued by the said authority. A clerk from the licensing authority Sadar Mandi was also examined with reference to the record, who identified the signature of the licensing authority in the report secured by RW-1 and also gave evidence to the effect that a particular driving licence number shown in the copy of the licence had not been issued in favour of the driver, who was said to be driver of the offending FAO No.1068 of 1998 -2- vehicle on that date. The Tribunal did not accept the fact that the register pertained to Sadar Mandi and did not pertain to Mandi. The distinction was not elicited even in the cross-examination of RW-2. The driver or the owner did not give any evidence to explain the evidence secured through RW-2. The driver evidently was not duly licenced at all and there had been a breach of condition of the terms of the policy by the insured. 2. The award is modified and the appeal is allowed to the above extent. (K. KANNAN) JUDGE September 30, 2010 Pankaj*