Punjab-Haryana High Court
National Insurance Company Limited vs Shimla Devi And Others on 24 September, 2010
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.903 of 2004 (O&M)
Date of decision:24.09.2010
National Insurance Company Limited ....Appellant
versus
Shimla Devi and others ...Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. Ravinder Mohan Suri, Advocate, for the appellant.
None for the respondents.
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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 ?
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K.Kannan, J.(Oral)
1. The Insurance Company is in appeal challenging liability on the ground that the driver did not have a valid driving licence. In this case, the Insurance Company has secured a report from the licensing authority to say that the driving licence was not genuine. The Tribunal still rejected it on the ground that no evidence was placed before it. I cannot fault the reasoning of the Tribunal. It is, however, contended by the learned counsel that the licensing authority was at Hyderabad and there had been administrative instructions from this Court allowing the Court to secure reports from licensing authorities for rendering adjudication in respect of motor accident claims cases. A procedure FAO No.903 of 2004 (O&M) -2- which enables a quick disposal must only be understood as enabling an Insurance Company to take responsible defence on a report that the driver did not have a valid driving licence to state in the pleadings. Beyond that the matter of how evidence must be taken cannot be an administrative function of the High Court, it has to be only a judicial function which the particular Tribunal will have to exercise.
2. The learned counsel states that the Insurance Company will be prepared to take steps to summon the relevant records and secure the evidence of the person from the competent authority prove what the report contained. The owner has been served but he has not chosen to appear before the Court. No purpose will be served by summoning the record to this Court for examination of witness in the absence of the owner or driver.
3. I am of the view that one opportunity shall be granted to the Insurance Company to establish its defence of invalidity of the driving licence. The award of the Tribunal is set aside only as regards a point of adjudication between the insurer and the insured. The award relating to compensation in favour of the claimants and making the insurer liable shall stand confirmed. It is only an inter se dispute between the insurer and the insured and it shall not be necessary even to serve notice on the claimants on a remand from this Court.
4. The appeal is allowed and remitted to the Tribunal at Sirsa for an adjudication regarding the validity or for otherwise of the driving licence. The Insurance Company shall be at liberty to cause the production of appropriate evidence from the competent authority. FAO No.903 of 2004 (O&M)
5. For appearance of the parties before the Tribunal on 08.11.2010.
(K.KANNAN) JUDGE 24 .09.2010 sanjeev