FAO No.137 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.137 of 1999 Date of Decision.19.07.2010 The New India Assurance Company Ltd., SCO No.36-37, Sector 17-A, Chandigarh through its Regional Manager .........Appellant Versus Raj Rani wife of Shri Jang Bahadur and others .......Respondents Present: Mr. Deepak Suri, Advocate for the appellant. None 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 insurance company contends that a notice had been given to the insured and the insurer to produce the driving licence among other documents like insurance policy, permit etc. The owner produced only the insurance policy and gave a statement that the documents sought for have been produced. The driving licence was never on record, in spite of a demand by the insurer on the insured for production of the records particularly the driving licence. It should only be taken that the burden of proof on the insurer had been discharged. If there was no proof of the driver owning a valid driving licence, it should only be taken that the insured had committed a breach of the terms of policy. He shall not be entitled FAO No.137 of 1999 -2- to be reimbursed for the award claimed that the insurer satisfies for the claimants. 2. The Tribunal has not considered this aspect at all and has caused the liability only on the insurer with no right of recovery granted to it. The appeal is allowed and the liability of the insurance company shall only be to satisfy the claim for the claimants with the right of recovery against the insured. (K. KANNAN) JUDGE July 19, 2010 Pankaj*