IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1799 of 1998 (O&M) Date of decision:16.09.2010 National Insurance Company Limited ....Appellant versus Darya Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. L.M. Suri, Senior Advocate, with Mr. Neeraj Khanna, 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's grievance is that the driver did not have an effective opportunity to prove that the licence was not genuine. While it moved an application for appointment of a Local Commissioner to examine the witnesses, far away place at Cuttak, the Court held that it cannot abdicate its powers and allow a Local Commissioner to undertake such an exercise. It appears that there had been even a circular issued form the administrative side of this Court in a bid of speed up the process that instead of summoning witnesses, Local Commissioners could be appointed to secure such evidence. It is also a feature that has been FAO No.1799 of 1998 (O&M) - 2 - brought through an amendment Act 32 of 2002 in the Civil Procedure Code. I am of the view that the insurer shall have one more opportunity to produce the evidence relating to the driving licence from the competent authority. The award of the Tribunal is set aside only in so far as it pertains to an adjudication of inter se liability between the insurer and the insured. The award shall be satisfied by the insurer as per award already granted and it shall be unnecessary for the claimants to join issues relating to the validity of the licence. The driver, owner and the insurer shall appear before the Tribunal at Hisar on 26.10.2010. 2. The appeal is disposed of on the above terms. (K.KANNAN) JUDGE 16.09.2010 sanjeev