IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3338 of 1999 Date of Decision: 03.03.2011 National Insurance Co. Ltd. ........Appellant Versus Jogindero Devi and others .......Respondents CORAM:- HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Suman Jain, Advocate for the appellant. Mr. Nand Lal Sammi, Advocate for the respondents. ****** K.KANNAN, J. (ORAL) 1. The appeal by the insurance company is on the issue of driving licence. At the trial, the insurer relied on a report from the Licensing Authority, Varanasi that driving licence was not genuine. The Tribunal referred to the fact that the insurance company had not examined the Surveyor or a person, who had issued the report, about the authenticity of the details contained in the report. Although, it was contended that the insurance company must have granted adequate opportunity to secure such an evidence, the counsel for the insurer himself points out to a fact that the judgment does not contain. There is the evidence of RW-1 Rajinder Pal, who had stated that he had employed the driver after seeing his driving licence and after satisfying himself with regard to the validity. This evidence in my view ought to be taken to protect the insured for nothing was elicited FAO No.3338 of 1999 -2- in the cross-examination on his statement of bona fides of his belief and his verification about the genuineness of the record. This point has been considered by the judgment of the Hon'ble Supreme Court in National Insurance Company Ltd. Versus Swaran Singh and others, reported in 2004(3) S.C.C. 297. 2. The award is confirmed and the appeal of the insurer is dismissed. March 03, 2011 (K.KANNAN) Gagan JUDGE