IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1007 of 2003 (O&M) Date of decision:22.11.2010 New India Assurance Company Limited ....Appellant versus Nitin Kumar and others ...Respondents II. FAO No.1008 of 2003 (O&M) New India Assurance Company Limited ....Appellant versus Mrs. Preeti Verma 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. In both the above two cases, an order had been issued on 07.09.2010 allowing the Insurance Company to produce additional evidence in appeal. Registry has reported that the appellant had not FAO No.1007 of 2003 (O&M) - 2 - taken steps for summoning the records of the licensing authority but the learned senior counsel states that he had taken steps and the Registry has failed to properly verify the same. I do not want to detain the case only for this issue. The appeal itself has been admitted only for an adjudication qua the owner and the matter is remitted to the Tribunal for fresh consideration on the issue relating to the validity of driving licence that may have a bearing for the entitlement or otherwise of the insurer to claim recovery against the insured. The award of the Tribunal as regards the finding relating to driving licence is set aside and the matter remitted to the Tribunal at Gurgaon. The parties shall be at liberty to adduce appropriate evidence in support of their respective contentions. 2. The appeal is allowed and is remitted to the Tribunal at Gurgaon. 3. For appearance of parties before the Tribunal at Gurgaon on 22.12.2010. (K.KANNAN) JUDGE 22.11.2010 sanjeev