FAO No.692 of 1997 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.692 of 1997 Date of Decision. 30.09.2010 United India Insurance Co. Ltd., through Shri M.S. Aggarwal Dy. Manager Regional Office, 136, Feroze Gandhi Market, Ludhiana ......Appellant Versus Vipin Kumar son of Shri Mohinder Lal and others ......Respondents Present: Mr. Inderjit Sharma, Advocate for Mr. Pradeep Bedi, Advocate for the appellant. Mr. Tarun Thakur, Advocate for Mr. B.R. Mahajan, Advocate 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 is on appeal challenging the liability on the ground that the driver did not have a valid driving licence. The insurance company led evidence by examination of a clerk from the licensing authority with reference to the register that the licence had not been issued in favour of the driver. The Tribunal still held that the burden of proof had not been discharged by the fact that the insurance company had not led any evidence to show that the owner also knew that the licence was fake. Such a version is not expected of the insurer and if owner did not know that the licence was fake it was his duty to examine himself and vouch to FAO No.692 of 1997 -2- such a statement. If he chose not to examine himself, it must only be taken that the owner was guilty of violation of terms of policy. 2. The award of the Tribunal, therefore, is required to be modified to provide for the liability on the insurer only to satisfy the claim of the claimants and recover the same from the insured- owner. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE September 30, 2010 Pankaj*