IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4380 of 2009 (O&M) Date of decision: 2.9.2009 National Insurance Company Ltd. .....Appellant(s) Versus Baswinder Kaur & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Inderjit Sharma, Advocate for the appellant. Rakesh Kumar Garg, J.(Oral) This is insurer's appeal challenging the impugned award passed by the Motor Accident Claims Tribunal, Sangrur, whereby the claimant-respondents have been awarded compensation on account of death of Sukhpreet Singh in a motor vehicular accident caused by rash and negligent driving of the driver of offending vehicle and the liability to pay the aforesaid compensation has been fastened upon the insurer. The only point raised before this Court is that there is ample evidence on record to prove the fact that the driving licence of the driver of the offending vehicle was fake and therefore, the findings of the Tribunal are not sustainable. I have heard learned counsel for the appellant and have perused the impugned award. On appreciation of the evidence, the Tribunal held that the appellant has failed to prove that the driving licence of respondent No.1 is fake and the original driving licence issued in the name of the driver of the offending vehicle which is valid upto 5.1.2023 and authorises him to drive the offending vehicle. The onus to prove the fact that the aforesaid driving licence was fake, was upon the appellant. To discharge this onus, the appellant has relied upon the report of the District Transport Officer which FAO No.4380 of 2009 (O&M) -2- mentions that the licence seems to be fake as the original record of the driving licence is not traceable. I find no fault in the aforesaid findings of the Tribunal holding that the appellant-Company has failed to prove that driving licence of the driver of the offending vehicle was fake as the evidence relied upon by the appellant is of no value in the absence of the record which is admittedly not traceable. There is nothing on record to challenge the genuineness of the driving licence placed on record by the respondent-driver. Dismissed. September 2, 2009 (RAKESH KUMAR GARG) ps JUDGE