IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1734 of 2005 (O&M) Date of decision:23.09.2010 National Insurance Company Limited ....Appellant versus Anita and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Jagtar Kureel, Advocate, for Mr. D.P.Gupta, Advocate, for the appellant. None for the respondents ---- 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 challenging liability on the ground that at the relevant date of the accident, the driver did not have a valid driving licence. The licence produced in Court showed that the driver had a driving licence issued on 30.03.2000 which was valid upto 29.03.2003 and renewed subsequently beyond a period of expiry on 09.12.2003. The accident had taken place during the intervening period when the driver did not have a driving licence, on 08.04.2003. The renewal of licence which was taken place subsequent to the date and beyond a period of 30 days cannot avail to the driver or the owner to FAO No.1734 of 2005 (O&M) - 2 - contend that the driver was duly licensed. This issue has been dealt with by the Hon'ble Supreme Court in National Insurance Company Limited Versus Jarnail Singh-2007(15) SCC 28. The insurer cannot be made liable any more than that satisfy the claimants and obtain a recovery right against the insured. 2. The award will be modified to provide for a right of recovery against the insured. 3. The appeal is allowed on the above terms. (K.KANNAN) JUDGE 23.09.2010 sanjeev