FAO No.873 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.873 of 2009 Date of Decision. 09.08.2010 National Insurance Co. Ltd., G.T. Road, Phagwara through Manager Legal, National Insurance Co. Ltd., Regional Office, SCO No.332-334, Sector 34-A, Chandigarh ......Appellant Versus Balbir Kumar son of Laxman Dass and another ......Respondents Present: Ms. Vandana Malhotra, 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 appellant challenges the award on the ground that the driver-cum-owner did not produce the driving licence in spite of demand but the Tribunal accepted the plea from the driver that the licence could have been before the Criminal Court. Learned counsel appearing for the insurer would point out that even the Ahalmad from the Criminal Court had been summoned as a witness, who gave evidence to the effect that the police had not seized the driving licence and it had not been produced before the Criminal Court. It must be seen that the insurer had done everything possible to secure the production of the driving licence and if it was not done by the driver-cum-owner, it must only be taken that the insurer had FAO No.873 of 2009 -2- discharged its onus to prove that the driver did not have a valid driving licence. The Tribunal's finding that the driving licence could have been before the Criminal Court was erroneous in a case where evidence had been specifically given to the effect that it was not before the Criminal Court as well. 2. The insurer could not have been made liable without affording to it a right of securing the awarded amount after satisfying the claim of the claimants from the insured. The appeal is allowed to the above extent restricting the liability only to make the payment to the claimants and to obtain recovery from the driver/owner insured. (K.KANNAN) JUDGE August 09, 2010 Pankaj*