F.A.O.NO. 1727 OF 1997 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1727 OF 1997 Date of decision:27th September, 2010 Oriental Insurance Co. Opp. Madhu Cinema, Yamunagar, Distt. Yamunanagar, through Manager, S.M.Garg, Chandigarh. .......Appellant Versus Babu Ram and othes ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Vishal Goel, Advocate Mr. P.K.Gupta, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Insurance Company is in appeal challenging the omission in the relief clause that does not provide for a right of recovery for an admitted violation of the terms of the policy. Violation complained was that the driver did not have a valid driving licence. The licence had been issued on 22.12.1994 for the first time when the accident had taken place earlier on 20.08.1994. In paragraph 21 of the award, the Tribunal states that the Insurance Company shall be liable to make payment to the third party and that it will have a F.A.O.NO. 1727 OF 1997 2 right of recovery from the owner. However, this has not been specifically provided in paragraph 23 which contains the relief column. 2. The award stands modified only to state specifically that insurer will have a right of recovery from the owner/insured of the particular vehicle involved in the accident. The appeal is allowed to the above extent. [K.KANNAN] JUDGE 27th September, 2010 Shivani Kaushik