F.A.O.NO. 443 OF 1993 and F.A.O.No. 445 of 1993 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 443 OF 1993 Date of decision:29th October, 2010 New India Assurance Company Limited through the Regional Manager, Sector-17, Chandigarh. .......Appellant Versus Smt. Bimlesh and others ........Respondents F.A.O.No. 445 of 1993 New India Assurance Co. Ltd. Through the Regional Manager, Sector- 17, Chandigarh. .......Appellant Versus Smt. Rajni and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. L.M.Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate, for the appellant. Mr. P.K.Longia, Advocate, for respondent No. 9. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. On 30.06.2010, I had allowed the Insurance Company to take steps to summon the records from the Licencing Authority to lead evidence relating to the validity of the driving licence. This was F.A.O.NO. 443 OF 1993 and F.A.O.No. 445 of 1993 2 particularly in view of the fact that the appeals were of the year 1993 and I did not want to delay the disposal of the proceedings. 2. I find that the notices have been issued to the RTO, Jaipur but there is no intimation regarding the service of the summons. The Insurance Company is not in a position to vouch for the fact relating to service to RTO Jaipur. I do not think it is necessary to hold up the proceedings any further and therefore, hold that the finding by the Tribunal relating to the validity of the driving licence is required to be set aside and accordingly set aside. The insurer shall be at liberty to lead appropriate evidence before the Tribunal and needless to state, the owner and driver shall be at liberty to give such evidence in rebuttal as they think fit. The remand is only to settle the inter se dispute between the insurer and the insured. The award as regards the quantum and entitlement of the claimants and the right of recovery against the insurer shall stand confirmed. 3. The appeal is allowed on the above terms and remitted to the Tribunal for hearing at Hoshiarpur, on the issue of driving licence only. It shall not be necessary for the claimants to participate in the trial for a reappraisal of evidence on the issue of driving licence. 4. Parties are directed to appear before the Motor Accident Claims Tribunal on 29.11.2010. [K.KANNAN] JUDGE 29th October, 2010 Shivani Kaushik