IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2271 of 1994 (O&M) Date of decision:06.12.2010 The New India Assurance Company Limited ....Appellant versus Amar Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjit Sharma, 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 only issue for consideration in the appeal is whether the driver had valid driving licence. By an order dated 21.09.2010, I had directed the Insurance Company to take steps to summon the witness from the competent authority as regards the driving licence. I see from the records that notice has been issued but the status of service is not yet known. 2. I do not want to detain the case only for non-service of notice on the witness. The issue of driving licence will have a bearing only for settling an inter se controversy between the insurer and the insured. The award as regards the initial liability of the insurer and the FAO No.2271 of 1994 (O&M) - 2 - quantum of compensation determined by the Tribunal are confirmed. The finding as regards the validity of the driving licence is set aside and the matter is remitted to the Tribunal at Patiala for fresh consideration on the issue regarding the validity of the driving licence. The parties shall be at liberty to adduce appropriate evidence in support of the respective contentions. The award is modified and remitted to the lower Court for disposal in accordance with law. 3. For appearance of parties before the Tribunal at Patiala on 12.01.2011. (K.KANNAN) JUDGE 06.12.2010 sanjeev