FAO No.3812 of 2003 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3812 of 2003 DATE OF DECISION: January 6, 2011 NATIONAL INSURANCE CO. LTD. ...APPELLANT VERSUS CHARAN KAUR AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement. Yes/No 2. To be referred to the reporters or not? Yes/No 3. Whether the judgement should be reported in the digest? Yes/No ---- PRESENT: MR. NEERAJ KHANNA, ADVOCATE FOR MR. DEEPAK SURI, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The witness was summoned in the Court, but the records are not available. He is, however, prepared to make a statement with reference to a verification report already given. No purpose would be served by allowing the witness to speak about a verification report which is not supported by any document. I disallow the plea of the counsel for examination of the witness and proceed to take up the case on merits. 2. The insurance company's only contention in appeal is that the driver did not have a valid driving licence at the trial. A report was filed to the effect that verification had been undertaken and it was seen that the driver did not have a licence at the relevant time and that the licence filed in Court was not genuine. Before the Tribunal respondents No.1 to 3 had FAO No.3812 of 2003 -2- placed a copy of driving licence (Ex.R-1) which shows that he was authorized to drive motorcycle, scooter from the period 30.1.2000 to 29.7.2000. The accident had taken place on 27.2.2000. If there is no definite evidence placed at the trial to show that this licence was not genuine and even when an opportunity was granted at the appellate Court to produce appropriate evidence and when the insurance company was not able to secure such evidence, I will have no further option but to affirm the finding already rendered by the Tribunal. The insurance company had failed to establish that the driver did not have a valid driving licence. 3. The award of the Tribunal is affirmed and the appeal by the insurance company is dismissed. January 6, 2011 (K.KANNAN) Gulati JUDGE