NEW INDIA ASSURANCE COMPANY LIMITED Vs. KULJEET SINGH

JUDGEMENT

(1.) ON 07.07.2010, I had permitted the Insurance Company to take steps to produce evidence from the licensing authority on the issue of driving licence, convinced as I was, that the insurer did not have sufficient opportunity to produce such evidence. I see from the records that the process has been issued. Learned senior counsel for the insurer states that the report of service or otherwise has not been received back. I do not want to hold back the disposal of the case only for consideration of whether the driving licence was genuine or not. I will set aside the finding regarding the driving licence made by the Tribunal and remit the matter to the Tribunal at Hisar for an adjudication in accordance with law on the issue of whether the driver involved in the accident had at the relevant time a valid and effective licence or not. Needless to state that this adjudication is only to resolve the controversy between the insurer and the insured and the liability of the insurer to satisfy the claimants as found by the Tribunal already stands confirmed. The issue for enhancement of the award is taken up independently in the succeeding para.

(2.) FOR appearance of parties before the Tribunal at Hisar on 16.12.2010.