F.A.O.NO. 184 OF 2000 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 184 OF 2000 Date of decision:27th July, 2010. United India Insurance Company Ltd. .......Appellant Versus Pribha and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. V.Ramaswarup, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Insurance Company is in appeal on the issue that the driver did not have a valid driving licence. Clerk from the Licensing Authority, Gurgaon, was examined as RW-1 but closed evidence to the effect that licence No. 490/90/SDO(G) had been issued in the name of Om Parkash Sharma and it was valid upto 29.06.1995. The driver of the vehicle however, was one Abdul Gaffar and it was proved that the driving licence produced for the same licence number had been a fake. The Tribunal reasoned that the witness was not asked when the licence was issued. I am of the view that it is irrelevant. If the register was there. It should have been for the court to examine the same. The point F.A.O.NO. 184 OF 2000 2 was that the particular licence no. had not been issued in favour of the driver who committed the accident. 2. The finding of the Tribunal is set aside and the liability of the insurer shall be restricted only to satisfy the claimants with the right of recovery against the insured. The appeal is allowed to the above extent. [K.KANNAN] JUDGE 27th July, 2010 Shivani Kaushik