FAO No.2856 of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.2856 of 2003 Date of decision July 8, 2010 The New India Assurance Company Limited ....... Appellant Versus Vidya Devi and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN ***** Present:- Mr. Suman Jain , Advocate for the appellant. None for the respondents. **** 1. The Insurance Company is in appeal. It pleads that the driver of the vehicle did not have a valid driving license. When he was called upon at the trial to produce the driving license, he pleaded that he lost his valid license and produced a copy of DDR said to contain the information that he had lost the license. The Tribunal observed that the Insurance Company must have taken steps to pursue the details found in the DDR and taken steps to secure the driving license. The copy of the DDR which is produced in the Court does not contain details of the driving license. In the absence of such details, it is inconceivable as to how the insurer could have secured the register from the Licensing Authority. If there was an inability or the failure of the driver/owner for producing the driving license taken by the insurer, it must only be taken that there had been a breach of violation of terms of the policy. 2. In such an event, the Insurance Company cannot be made liable. The liability shall be restricted only to satisfy the claim of FAO No.2856 of 2003 2 the claimants with a right of recovery against the insured. The appeal is allowed to the above extent. (K. KANNAN) JUDGE July 8, 2010 archana