(1.) THE contest in appeal by the insurer on an issue of liability. Before the tribunal the evidence was that the license said to have been issued in the name of the driver was not genuine as per report in Annexure R -2 but considering the fact that the license was duly renewed by the Licensing Authority at Fatehabad the tribunal applied the then law and held that the license was genuine. There has been a change in law as regards the effect of the license which was fake but renewed without taking note of the said fake issue which was considered by the Supreme Court in National Insurance Co. V. Swaran Singh : (2004) 3 SCC 297 which held that the subsequent renewal will also not cure the initial fake character of the license. The law has however verred around an issue of bona fides of the owner in an assessment of whether the owner believed the driving license as renewed to be true as the guiding principle of whether there had been a breach of violation of terms of policy or not. It has been reiterated in a recent judgment of the Supreme Court in Pepsu Road Transport Corporation Vs. National Insurance Co. Ltd. : 2013 10 SCC 217.
(2.) THE case regarding liability cannot conclude without affording an opportunity to the owner to give his own version regarding the circumstances when he availed the services of his driver and knowledge or otherwise regarding the license that the driver possessed. I will therefore remand the matter to the tribunal setting aside the finding regarding liability only and afford to the parties namely the insurer and the insured an opportunity to give such evidence as they may think expedient and the tribunal will take a decision in accordance with law. This adjudication does not require the presence of the claimants and the appeal against the claimants is dismissed.
(3.) THE parties shall appear before the MACT Hisar for 1.9.2014.