Mr. Vijender Singh Malik, J.:- This is an appeal by the insurer, The New India Assurance Company Limited, Ludhiana, challenging the award dated 13.12.2011 passed by the Motor Accidents Claims Tribunal, Ludhiana (for short, “the Tribunal”) challenging the liability of the appellant to satisfy the award. The plea taken by the insurance company in the case is that the driver of the offending vehicle was not holding a valid driving licence and on this ground, the insurer sought to be given the recovery rights against the owner and driver of the offending vehicle.

2. Learned counsel for the appellant has submitted that to prove the fact that the driving licence of respondent no.1 was not valid, the appellant moved an application before the Tribunal, which is Ex. R1. According to him, on this application report was sought by the Tribunal from the Licensing Authority, Gwalior about the genuineness or otherwise of the driving licence. According to him, the report has been received as Ex.R2 which proves that the licence was not valid. According to him, when the Tribunal itself writes to the Licensing Authority of a particular place to report about the genuineness or otherwise of a