FAO No.4825 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4825 of 2006 Date of Decision. 24.09.2010 United India Insurance Company Limited, having its Regional Office at Sector 17, Chandigarh through its Manager ......Appellant Versus Smt. Guddi Devi @ Raj Bala widow of Karambir resident of village Pundrak, Tehsil and District Karnal and others .....Respondents Present: Mr. Sanjiv Pabbi, Advocate for the appellant. None for the respondents. 2. FAO No.439 of 2007 Smt. Guddi Devi @ Raj Bala widow of Karambir resident of village Pundrak, Tehsil and District Karnal and others ......Appellants Versus Surjit Singh s/o Sh. Nazar Singh and others .....Respondents Present: None for the appellants. Mr. Sanjiv Pabbi, Advocate for the insurance company. 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 is on appeal on grounds the petition was not maintainable having regard to the statement in the petition that the deceased was earning Rs.5,000/- per month. FAO No.4825 of 2006 -2- According to him, Section 163-A cannot be invoked by a person whose income is in excess of Rs.40,000/- and therefore, the petition could not have been taken by the Tribunal, although it scaled down the income to Rs.3300/- to conform the petition within the purview of Section 163-A of the Motor Vehicles Act. I am afraid, I cannot accept the contention made by the insurer that even when the Tribunal finds that the income was less than Rs.40,000/-, the case could not be prosecuted under Section 163-A of the Motor Vehicles Act. The rules of pleadings must be so construed in motor accident cases that no case is turned out where there has been a death in a motor accident and there is a valid cause of action otherwise for prosecuting the claim before the Tribunal under the Motor Vehicles Act. 2. As regards his contention that the driver did not have a valid driving licence, the insurer sought to rely on a report secured from the Licensing Authority, Cuttack that the licence was fake. The Tribunal, however, rejected the report on a finding that the insurer had not secured the register from the Licensing Authority, Cuttack or examined any person connected with the records. This again, I cannot fault, for the report cannot substitute the need for proof of the same. Learned counsel seeks for permission to examine the witness for proving the genuineness of the document. He also refers to the fact that there was an administrative instruction from this Court providing for securing report from Licensing Authorities wherever the authority was at far away place. It is contended that the insurer was led to believe that in such cases the report could be FAO No.4825 of 2006 -3- secured and that itself could constitute proof. In view of the special circumstances and the difficulty pleaded by the insurer having regard to the administrative instructions from this Court, I am of the view that the insurer shall have an opportunity to let in appropriate evidence from the competent authority and prove what it seeks to do at the trial. 3. The award of the Tribunal is set aside only in so far as it concerns the issue of adjudication regarding the validity or otherwise of the driving licence. The matter is remanded to the Tribunal for fresh consideration on the above issue and the Tribunal shall dispose of the case in accordance with law. 4. For appearance before the Tribunal on 30.10.2010. 5. I clarify that the claimant shall have his right of enforcement of the award against the insurer unhampered by the order of remand and it shall not be even necessary for the Tribunal to serve notice of proceedings to the claimants. 6. There is also a cross appeal filed at the instance of the claimants for enhancement. There is no representation for the claimants. It is dismissed for default. (K. KANNAN) JUDGE September 24, 2010 Pankaj*