FAO No.1996 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1996 of 1999 Date of Decision.19.07.2010 United India Insurance Company Ltd., through its Deputy Manager, Regional Office No.2, Kailash Building, 5th Floor, Kasturba Gandhi Marg, New Delhi .........Appellant Versus Rajender Singh s/o Mohar Singh and others .......Respondents Present: Mr. V. Ramswaroop, Advocate for the appellant. Mr. R.S. Dhamkar, Advocate for respondent Nos.1 and 2. 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. In this case, the contention of the insurance company was that the driver had merely a light motor vehicle licence when he was driving a commercial vehicle, four wheeler tempo, which is a goods vehicle. A special endorsement for transport vehicle is mandated through Section 3 of the Motor Vehicles Act and if such an endorsement was not available, it could not be said that the driver had a valid driving licence. The insurance company cannot be fastened with liability to indemnify the insured under such a situation. FAO No.1996 of 1999 -2- 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 appeal allowed to the above extent. (K. KANNAN) JUDGE July 19, 2010 Pankaj*