IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2165 of 2002 Date of decision: 21.07.2010 The New India Assurance Company Limited ....Appellant versus Vijay Kumar and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Deepak Suri, 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. The Insurance Company is in appeal challenging the liability on the ground that the driver's licence was valid only upto 25.05.1997 when the accident took place on 25.04.1998. The officer from the licensing authority was also examined to say that the driving licencing was not renewed subsequently and that it was valid only upto 25.05.1997. The Tribunal still made the Insurance Company liable on a reasoning that it was not elicited in evidence that the driver did not obtain a renewal of the driving licence subsequently. If such was the case, there ought to have positive evidence by the driver or the owner. No such evidence was placed by them. The driver and the owner were represented by the same counsel and no contra evidence was adduced to FAO No.2165 of 2002 - 2 - discredit the entry in the register. There had been therefore a clear case of violation of terms of the policy as laid down by the Hon'ble Supreme Court in National Insurance Company Limited Versus Jarnail Singh- 2007(15) SCC 28. 2. The award of the Tribunal is, under the circumstances, modified to provide for liability to satisfy the claimants with right of recovery against the insured. 3. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 21.07.2010 sanjeev