IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.528 of 2004 (O&M) Date of decision:27.09.2010 National Insurance Company Limited ....Appellant versus Manpreet Singh and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Neeraj Khanna, Advocate, for Mr. Ravinder Mohan Suri, 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 has been granted recovery rights in a case where it was successfully proved that the driver did not have a valid driving licence. The contention, however, is that the insurer ought not to have been made liable at all to satisfy the claim. The liability to satisfy the claim of a third party and securing to an insurer only a right of recovery in case of breach of terms of policy have obtained status of stare decisis binding on all Courts through the decisions in New India Assurance Company Versus Kamla-(2001) 4 SCC 342 and National Insurance Company Versus Swaran Singh (2004) 3 SCC 297. FAO No.528 of 2004 (O&M) - 2 - 2. The award of the Tribunal, under the circumstances, is justified and the appeal is dismissed. (K.KANNAN) JUDGE 27.09.2010 sanjeev