FAO No.2306 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2306 of 1999 Date of Decision. 07.09.2010 The New India Assurnace Co. Ltd., having its regional office at SCO No.36-37, Sector 17-A, Chandigarh through Shri Anil Chawla, Legal Officer, duly constituted attorney ......Appellant Versus Smt. Anisha widow of Shri Sahid Ahmed and others ......Respondents Present: Mr. Paul S. Saini, 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-appellant is challenging the award on the issue of liability. It was contended on behalf of the insurer that the driver did not have a valid driving licence on the relevant date of accident. The driver had produced a copy of the alleged licence issued on 18.07.1988 that bore licence No.5097 alleged to have been issued by the Licensing Authority at Solan. 2. The contention by the insurer that the appropriate opportunity had not been granted to the insurer to tender proof of the fact that the licence was fake, I have passed an order on 07.07.2010 permitting the insurance company to take steps to summon the records and also to secure the attendance of a witness, who was acquainted with the fact. Sh. Bal Krishan was summoned FAO No.2306 of 1999 -2- and he is examined before me on this date. He has produced original register containing all the entries from January 1988 to December 1988. According to him, the register does not contain the licence No.5097 and for the entire year commending from January to December 1988, the licence numbers stands between 1 to 680. On the relevant date on 18.07.1988 only one licence issued in the name of Sant Ram son of Satya Narain. No licence has been issued in the name of the driver Kasam son of Mandru. The relevant entries on the first page and the last page as well as the entry on 18.07.1988 have been made available by copies duly certified by the witness himself in the presence of Court Officer in comparison with the original. I am convinced that the driving licence relied on by the driver was fake and the insured had committed a breach of terms of the policy by entrusting the vehicle to a person, who did not have a valid driving licence. The owner of the vehicle, Sarfu, had been served, who remained ex parte at the trial and remained ex parte before this Court as well. There has been no contra evidence to the evidence tendered on behalf of the insurer. 3. The award of the Tribunal shall, under the circumstances, require to be modified to provide for a right of enforcement for the claimants against the insurer and the latter having the liberty to recover the same from the insured. 4. The award stands modified to the above extent and the appeal is allowed. (K. KANNAN) JUDGE September 07, 2010 Pankaj*