IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1714 of 1999 (O&M) Date of decision:28.09.2010 New India Assurance Company Limited ....Appellant versus Dharamvir and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN Present: Mr. Gautam Bhardwaj, Advocate, for Mr. N.K.Khosla, Advocate, for the appellant. None for the respondents. ---- 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 is in appeal challenging liability on the ground that the driver did not have a valid driving licence. A report was secured from the Licensing Authority at Indore that the licence bearing No.H-269767 had never been issued in favour of the driver Hoshiar Singh. There had been a subsequent renewal of the licence from the Licensing Authority at Karnal. The Tribunal referred to a decision in National Insurance Company Versus Santro Devi and others-1998 SAR (Civil) 14 that in view of the fact that there had been a subsequent renewal, the licence must be taken as genuine. The law has now been settled through the decision in United India Insurance Versus Divinder FAO No.1714 of 1999 (O&M) - 2 - Singh (2007) 8 SCC 342 that even if there is a genuine renewal, a fake licence at the inception will not alter its character as a fake licence. Though the statement of law given by the Tribunal cannot be sustained in view of the change in the statement of law now, I cannot accept the plea by the insurer that the licence was fake by the mere that that a report had been secured from the licensing authority. When a subsequent renewal had come through another authority, it should have been normally only on securing a 'NOC' that a renewal could be made from yet another licensing authority. If such renewal was to be treated as a renewal of a fake licence then there must be positive proof adduced by examining some one connected with the records from the Licensing Authority, Indore to testify with reference to the register that the licence had not been issued. An unsubstantiated the report which was not statutory in character cannot be admitted into evidence without any proof. The Insurance Company cannot be said to have discharged its onus and, therefore, the finding that the insurer was liable cannot be faulted. 2. The appeal by the Insurance Company, under the circumstances, is dismissed. (K.KANNAN) JUDGE 28.09.2010 sanjeev