FAO No. 1667 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 1667 of 2010 Date of decision February 17, 2011 Bajaj Allianz General Insurance Company Ltd. ....... Appellant Versus Rajesh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Subhash Goyal, Advocate for the appellant. Mr. Chander Has Yadav , Advocate for the respondents. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is by the Insurer on the ground that the driver who had merely a driving license to drive a car, motor cycle with Light Motor Vehicle license was driving a passenger carrying three wheeler which was a transport vehicle. The policy of insurance was also that of a commercial vehicle as package policy. The requirement of having to secure an endorsement under Section 3 of the Motor Vehicles Act, 1988 is mandated and admittedly the driver did not have a valid driving license. 2. The liability of the insurer under the circumstances will be only to satisfy the claim of the claimants and for recovery of the amount from the owner insured and driver for violation of terms and conditions of policy. The award is modified and the appeal is allowed to the FAO No. 1667 of 2010 2 above extent. The amount deposited before this Court shall be ordered to be transmitted to the credit of the case and the claimant is permitted to withdraw the amount, if it has not been already withdrawn. (K. KANNAN) JUDGE February 17, 2011 archana