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FAO-234-2005 (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:2)(cid:3)(cid:2)

104 IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO-234-2005

Date of Decision:18.05.2026

SURINDER KUMAR GUPTA .....APPELLANT

VERSUS

NEELAM SOOD AND ORS. .....RESPONDENTS

CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR

Present:- Mr. Shrey Sachdeva, Advocate

for the appellant.

Mr. Suvir Dewan, Advocate for

respondent No.3-Insurance Company.

****

YASHVIR SINGH RATHOR, J. (ORAL)

1. This appeal has been instituted by the owner/appellant against

the Award dated 06.10.2004 vide which a sum of Rs.1,49,200/- has been

awarded as compensation to claimants/respondents on account of death of

Netika Sood in an accident. However, the Insurance Company has been

exonerated from its liability to indemnify the insured on the ground that the

driver possessed fake driving licences and the insured had violated the terms

and conditions of the insurance policy. The Insurance Company was directed

to pay the awarded amount to the claimants but was given the right to recover

the same from the appellant/insured/owner.

2. I have heard learned counsel for the appellant as well as

respondent No.3 and have gone through the material on the file.

3. It is pertinent to mention that the record of the present appeal

and the Tribunal has got burnt in a fire incident in the High Court Registry

VISHAL VARDHAN

2026.05.20 07:21

I attest to the accuracy and

integrity of this document

FAO-234-2005 (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:2)(cid:4)(cid:2)

and the present appeal has to be decided on the basis of the facts and

evidence discussed by the Tribunal in the impugned Award.

4. Learned counsel for the appellant argued that the impugned

Award vide which the Insurance Company has been exonerated of its liability

to indemnify the insured is based on conjectures and surmises. The evidence

on file has not been appreciated in the correct perspective and infact the

driver possessed a valid and effective driving licence and the relevant record

was not summoned by the Insurance Company from the concerned District

Transport Office, Amritsar and the report was simply tendered on the basis of

which it was held that the driving licence produced by the driver was fake.

Learned counsel for the appellant prayed that the finding on issue No.3 be

reversed and the Insurance Company be held liable to indemnify the insured.

5. On the other hand, learned counsel for respondent No.3 has

argued that the finding recorded by Tribunal is well reasoned supported by

evidence and dismissal of appeal has been sought.

6. To prove that the driver possessed a valid and effective driving

licence, respondent No.1-Kulwant Singh/driver stepped into the witness-box

as RW1 and deposed that his driving licence was issued by DTO, Amritsar,

which was valid upto 07.04.2004. He further tendered the photocopy of the

driving licence Ex.R4 which authorized him to drive Light Transport Vehicle

(LTV) and Heavy Transport Vehicle (HTV). While deciding issues No.3 and

4, the observations made by the Tribunal are hereby reproduced as under:-

“ISSUES No.3 AND 4

16. Both these issues are interconnected. Hence these are

taken up together.

VISHAL VARDHAN

2026.05.20 07:21

I attest to the accuracy and

integrity of this document

FAO-234-2005 (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:2)(cid:5)(cid:2)

17. The respondent Insurance Company took the plea that

respondent No.1 Kulwant Singh had no valid and effective

driving license at the time of the alleged accident. Respondent

No.2 who is owner of the truck in question No. PIM-9517 had no

valid documents at the time of the alleged accident. It was a

breach of the te