IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1767 of 1999 Date of decision:01.07.2010 The New India Assurance Company Limited ....Appellant versus Smt. Piar Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. R.C.Gupta, 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 on appeal questing the quantum and the validity of the insurance. There is no permission sought at the Tribunal for defending the case on all grounds under Section 170. The Insurance Company cannot therefore challenge the issue of quantum of compensation in appeal. The challenge to quantum is, therefore, rejected as not maintainable. 2. As regards the contention that the licence produced by the driver was not true, apart from the report of the surveyor that the licence was not true, the Insurance Company had not secured the primary evidence by summoning the record from the registering authority. The FAO No.1767 of 1999 - 2 - plea of the learned counsel that no sufficient opportunity had been given for adducing proof that there was no valid driving licence, does not appear to be correct. On the other hand, the witness in Court stated that he did not have the relevant records relating to the driver of the vehicle. The burden which was heavily on the insurer to prove that there was no valid driving licence, had not been discharged. There is no scope for interference. The appeal is dismissed. (K.KANNAN) JUDGE 01.07.2010 sanjeev