F.A.O.NO. 3612 OF 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 3612 OF 1999 Date of decision:22nd September, 2010 The New India Assurance Co. Ltd., through its Assistant Manager, Regional Office, SCO 36-37, Sector 17, Chandigarh .......Appellant Versus Kusum Devi and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. V. Ramswaroop, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Insurance Company is in appeal challenging the liability on the ground that the driver did not have a valid driving licence. The Insurance Company relied only on the Report from the Licencing Authority but took no steps to produce any witness from the Competent Authority or the original Register to show that the driver did not have a valid driving licence. Although the Insurance Company took permission before this Court to summon the witness, despite an opportunity, it has not been possible for the Insurance Company to secure the attendance of the witness before the Court. F.A.O.NO. 3612 OF 1999 2 2. As the case is of the year 1989, I will hasten to pass the order, affirming the decision rendered by the Tribunal that the Insurance Company has not discharged the burden of proof that the driver did not have a valid driving licence. 3. The award of the Tribunal is confirmed and the appeal filed by the Insurer is dismissed. [K.KANNAN] JUDGE 22nd September, 2010 Shivani Kaushik