IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.271 of 2009 Date of decision:29.07.2010 The Oriental Insurance Company Limited ....Appellant versus Balwan Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Jagtar Kural, Advocate, for Mr. D.P.Gupta, Advocate, for the appellant. None for respondents 1 and 2. Mr. Ajit Atri, Advocate, for respondents 3 and 4. ---- 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 the finding of liability on the ground that the driver admittedly had only a licence to drive scooter, motorcycle and car and the vehicle involved in the accident was a goods carriage and used as a transport vehicle. The Tribunal held that no evidence had been produced to show that the driver did not have a valid driving licence. In my view, the finding is clearly wrong as the licence which was produced contained proof of the fact that there was no transport vehicle endorsement as provided under Section 3 of the MV Act. The driver could not have been said to be duly licensed and the Insurance Company could not have been left without providing FAO No.271 of 2009 - 2 - for a right of recovery against the insured. 2. The award of the Tribunal is modified to provide for a right of recovery as mentioned above. 3. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 29.07.2010 sanjeev