FAO No.1696 of 1998 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1696 of 1998 DATE OF DECISION: March 31, 2011 NEW INDIA ASSURANCE COMPANY LTD. ...APPELLANT VERSUS SUKHCHAIN SINGH & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. L.M. SURI, SR. ADVOCATE WITH MR. NEERAJ KHANNA, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The only point urged in appeal by the insurance company is that the driver did not have a valid driving licence and the licence that was produced before the Tribunal was proved to be forged. Learned senior counsel refers to the evidence of RW-4, a Clerk from DTO Office that gave evidence with reference to the driving licence particulars contained in the copy of the licence produced before the Tribunal. There was a sure proof that the driving licence was fake and forged. However, the learned counsel himself points out to the evidence of the transferee of the vehicle involved in the accident RW3 Ashok Kumar to say that he had inspected the driving licence at the time when he engaged the services of the driver and he believed the driving licence to be true. This is, in my view, would protect the purchaser for being fully indemnified by the company, for we are FAO No.1696 of 1998 -2- examining the issue whether the owner was guilty of violation of terms of policy. The bona fides of his belief would secure such protection in the light of law laid down by the Hon'ble Supreme Court in National Insurance Co. Ltd. vs. Swaran Singh reported as (2004) 3 SCC 297. 2. The liability of the insurance company, therefore, was correctly fastened and there is no scope for interference. 3. The award is confirmed and the appeal is dismissed. March 31, 2011 (K.KANNAN) Gulati JUDGE