FAO No.114 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.114 of 1998 Date of Decision. 30.09.2010 National Insurance Company Ltd., through Sh. R.C. Gupta. Admn. Officer its duly constituted attorney regional office, Sector 35-B, Chandigarh ......Appellant Versus Santro w/o Lehna Singh and others ......Respondents Present: Mr. Inderjit Sharma, Advocate for Mr. Pradeep Bedi, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 challenges liability on the ground that the driver did not have a valid driving licence. It was proved to be not genuine by production of evidence of RW-2, who spoke with reference of the register that their office had not issued any licence in favour of the driver. The Tribunal still held that the insurance company could not be exonerated from liability. The proposition stated by the Tribunal was clearly wrong and conflicts with several decisions of this Court including the most often cited in judgment of the Hon'ble Supreme Court in National Insurance Company Limited Vs. Swaran Singh (2004) 3 SCC 279. 2. The liability of the insurer, under the circumstances, shall FAO No.114 of 1998 -2- only be to satisfy the claim of the claimants and to recover the same against the owner-insured. 3. The award is modified to the above extent and the appeal is allowed. (K. KANNAN) JUDGE September 30, 2010 Pankaj*