National Insurance Comp Ltd v. Navkiran Singh And ORS

FAO-1970-2011 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1970-2011 (O&M) Date of decision: 09.11.2017 National Insurance Company Ltd.

.... Appellant

Versus

Navkiran Singh and others ..... Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present :

Mr.Neeraj Khanna, Advocate for the appellant.

Mr. M.K.Bhatnagar, Advocate for respondents No.1 to 3.

Mr. J.S.Cooner, Advocate for respondent No.4.

**** Avneesh Jhingan, J.

The present appeal has been filed against the award dated 15.09.2010 passed by Motor Accidents Claims Tribunal, Panchkula (hereinafter referred to as the 'Tribunal') . The only issue raised in the present appeal filed by the Insurance Company is that the driver of the offending vehicle was not possessing a valid driving licence to drive motorcycle rather he was having a driving licence of LMV. During the proceedings of this appeal, learned counsel for respondent No.4 gave the particulars of the driving licence for driving scooter and motorcycle.

Learned counsel for the Insurance Company took time to verify the same. Inspite of number of opportunities the verification report has not Anju 2017.11.13 17:18 I attest to the accuracy and integrity of this document High court chandigarh

FAO-1970-2011 (O&M) -2been procured by the counsel as yet.

It is deemed appropriate that the matter only with regard to the validity of the driving licence is remitted back to the Tribunal to provide opportunity to the Insurance Company to produce the verification report. The respondents would be at liberty to produce evidence in support of their case.

Parties are directed to appear before the Tribunal on 22.12.2017.

The appeal stands disposed of.

(AVNEESH JHINGAN) JUDGE 09.11.2017 anju Note:

1.Whether the order is speaking/reasoned: Yes/No 2.Whether the order is reportable :

Yes/No Anju 2017.11.13 17:18 I attest to the accuracy and integrity of this document High court chandigarh