F.A.O NO.829 OF 1997 (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O NO.829 OF 1997 (O & M) DECIDED ON : 15.11.2010 United India Insurance Company ...Appellant versus Mahipal @ Palu Ram and others ...Respondents CORAM : HON'BLE MR. JUSTICE K. KANNAN Present : Mr. Paul S. Saini, Advocate, for the appellant. Mr. A. K. Ahluwalia, Advocate, for the respondent. None for remaining respondents. K. KANNAN, J. (ORAL) 1. On 27.08.2010 I had passed an order to the effect that the insurer shall have one opportunity to prove that the driver did not have the valid driving license. Summons have been issued to the Licensing Authority, UNA to produce the original record pertaining to alleged driving license No.S/8613 or 8813/90 issued on 13.03.1990 to driver Sunder Lal. The Registry has reported that there is no intimation regarding service so far. 2. Learned counsel appearing for the Insurance Company is also unable to give the details whether the notice has been served on the Authority or not. F.A.O NO.829 OF 1997 (O & M) -2- 3. I do not want to detain the case for such evidence in appeal to resolve the controversy between the insurer and the insured. 4. The award of the Tribunal is confirmed in so far as the claimants' entitlement to enforce the same against the insurer. The issue regarding driving license shall remain re-opened and remitted for fresh consideration before the Tribunal at Hisar. Parties, namely the insurer and the insured, shall be at liberty to produce the evidence before the Tribunal and the Tribunal shall take an appropriate decision in accordance with law. Adjudication on this issue will ultimately determine the case of entitlement or otherwise of the insurer to secure the relief of recovery against the insured on proof that the driver did not have a valid driving license and that the owner was guilty to breach all terms of the policy. 5. The appeal is allowed and remitted for disposal in accordance with law. Appearance of the parties before the Tribunal on 18.12.2010. 6. Disposed of. NOVEMBER 15, 2010 (K. KANNAN) shalini JUDGE