F.A.O No. 791 of 1997 and F.A.O No. 792 of 1997 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O No. 791 of 1997 Date of decision: 30th June, 2010 The New India Assurance Company Ltd. .......Appellant Versus Yashpal and others .......Respondents F.A.O No. 792 of 1997 The New India Assurance Company Ltd. .......Appellant Versus Bhim Singh and others .........Respondents Before: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Nilesh Bhardwaj, Advocate, for the appellants. 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 above cases are covered by the judgment of the Hon'ble Supreme Court in the case of United India Insurance Company Limited Vs. Davinder Singh(2007) 8 SCC 698, with same reasoning except for a factual difference with F.A.O No. 791 of 1997 and F.A.O No. 792 of 1997 2 reference to another accident where again the insurance company had secured the evidence of a clerk from the Licensing Authority, Chamba, who gave evidence to the fact that there had neither been a issue of license nor a renewal of license against the particular license number given by the driver of the offending vehicle. In this case neither the owner nor the driver has examined himself to explain the document filed by the insurance company through the Licensing Authority. 2. The insurance company shall therefore, be entitled to recover the amount paid under the award from the insured. The award with respect of the Tribunal is modified to the extent to provide a right of recovery to the Insurance Company against the insured. 3. The appeals are allowed with the modification of the award as indicated above. [K.KANNAN] JUDGE 30th June, 2010 Shivani Kaushik