F.A.O No.3262 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No.3262 of 1999 Date of Decision. 27.10.2010 Dheer Singh son of Shri Ram Mehar, resident of D-239, Mangalpuri, Palam, Delhi-45 (owner of the car No.DL-IT-0135) ......Appellant Versus Reshma widow of Shri Mohan Lal and others ......Respondents Present: Mr. Vikrant Hooda, Advocate for the appellant. Mr. Vishal Gupta, Advocate 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 appeal is by the owner of the vehicle against whom the liability was cast, exonerating the insurance company totally in a claim arising out of the death of a passenger in a vehicle when the driver of the insured's vehicle had also died. At the trial, no evidence was offered by the owner that the driver had a valid driving licence. At the appellate stage, an application has been filed to receive as additional evidence a verification report of the licensing authority at Transport Authority, South Zone, New Delhi that the driver Madan Lal Dogra son of Shiv Raj Dogra had a licence on the relevant date of the accident. The validity of the licence cannot be taken as proved merely by reference to a verification F.A.O No.3262 of 1999 -2- report and it would require proof in the manner known to law. 2. The award of the Tribunal in so far as it finds that the driver did not have a valid driving licence shall stand set aside and the adjudication shall be undertaken by the Tribunal on a remand from this Court and the entitlement or otherwise of the owner to claim indemnity against the insurer will depend on the outcome of such adjudication. 3. The appeal is allowed to above extent and remanded back to the Tribunal at Karnal. The parties shall appear before the MACT, Karnal on 25.11.2010. (K. KANNAN) JUDGE October 27, 2010 Pankaj*