IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2809 of 2000 (O&M) Date of decision:21.09.2010 National Insurance Company Limited ....Appellant versus Smt. Sudershan Kalia and others ...Respondents Present: Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for the appellant. Mr. Gautam Kaile, Advocate, for Mr. H.S. Thiara, Advocate, 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 did not have a valid driving licence. The evidence was also adduced from the licensing authority to the effect that the licence has not been issued at all in the name of the driver and, therefore, the licence was fake. However, the owner of the vehicle was examined and he gave evidence to the effect that he had examined the licence and he was under the belief that it was genuine and he had also carried out the driving test of the driver. The bona fide belief of the driver is sufficient to protect him to secure a right of indemnity by the FAO No.2809 of 2000 (O&M) - 2 - insurer in the light of the law laid down by the Hon'ble Supreme Court in National Insurance Company Versus Swaran Singh (2004) 3 SCC 297 2. The award casting the insurer's liability is confirmed and the appeal is dismissed. (K.KANNAN) JUDGE 21.09.2010 sanjeev