FAO No.1700 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1700 of 1998 Date of Decision. 20.07.2010 The United India Insurance Company Limited, through its duly constituted Attorney, Regional Office, Sector 8-C, Chandigarh .........Appellant Versus Basanti widow of Nand Lal and others .......Respondents 2. FAO No.1701 of 1998 The United India Insurance Company Limited, through its duly constituted Attorney, Regional Office, Sector 8-C, Chandigarh .........Appellant Versus Sant Kumar son of Vishav Nath and others .......Respondents Present: Mr. Inderjit Sharma, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1. The insurance company is in appeal urging that the driver had only a driving licence to drive scooter, car or jeep but he was driving a Tata 407 vehicle which was goods carriage. The policy of insurance itself shows that it was a commercial vehicle and a B Policy has been issued, that is applicable for a goods carriage. If it is a goods carriage, it requires a transport vehicle endorsement and FAO No.1700 of 1998 -2- a mere LMV licence will not be sufficient. This point is dealt with by the Hon'ble Supreme Court in National Insurance Company Limited Vs. Meena Aggarwal 2009(2) SCC 523 that if the driver did not have a valid driving licence, the insurance company could not be made liable. The liability will still be restricted only to satisfy the claim of the claimants in the manner provided in National Insurance Company Limited Vs. Meena Aggarwal 2009(2) SCC 523 with the right of recovery against the insured only. 2. Under the circumstances, the Insurance Company shall not be liable to indemnify the insured. The liability is to satisfy the claim under the award with a right of recovery against the insured. The award of the Tribunal is modified and the appeals are allowed to the above extent. (K. KANNAN) JUDGE July 20, 2010 Pankaj*