F.A.O.NO. 451 OF 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 451 OF 2004 Date of decision:8th October, 2010 Hardev Singh son of Kaka Singh, resident of Kotra Amru, Tehsil Sunam District Sangrur. .......Appellant Versus Krishana Devi and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Manish Kumar Singla, Advocate for the appellant. Mr. Paul S.Saini, Advocate, for respondent No.4. 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 owner who had been deprived of right of indemnity is the party in appeal, claiming that the driver was driving a nine seater motor vehicle and he had a driving licence to drive a motor cycle, jeep and a car. It must be noticed that jeep and car admittedly qualify for the definition of Light Motor Vehicle defined in Section 2(21)under the Motor Vehicles Act(hereinafter referred to as the 'Act'). The evidence was led by the insurer to the effect that the licence to drive a car did not include licence to drive nine seater vehicle(Mahindra and F.A.O.NO. 451 OF 2004 2 Mahindra jeep). I cannot accept any such explanation given by a clerk of the Licencing Authority. His evidence conflicts with the bare provisions of Section 10 of the Act and the form of licence which is form of application and licence, contemplates under Forms 4 and 6 of the Central Motor Vehicles Rules. If licence is issued for a car it should only be understood as a licence issued for a Light Motor Vehicle of nine seater vehicle having a larger capacity than the conventional car and the seating capacity ought not to make difference. The insurance company is bound to satisfy the award. The appeal is therefore allowed. 2. The award of the Tribunal is modified to make the insurer liable to satisfy the claim and provide for a right of indemnity for the insured and the driver. The appeal is allowed to the above extent. [K.KANNAN] JUDGE 8th October, 2010 Shivani Kaushik