FAO No.4951 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4951 of 2006 Date of Decision. 26.07.2010 The New India Assurance Company Limited, Regional office, SCO No.36-37, Sector 17, Chandigarh through its Administrative Officer .........Appellant Versus Gopal Krishan, aged about 48 years, son of Gajja Nand, resident of H.No.3636, Ward No.8, Mohalla Dhoblan, Landran Road, Kharar District Ropar and others .......Respondents Present: Mr. N.K. Khosla, 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 point involved in this case is that the driver had a light transport vehicle licence when he was actually driving a heavy transport vehicle. The defence of the insurance company was that the driver did not have a valid driving licence. The Tribunal reasoned that it was an admitted fact that he did not have a heavy transport vehicle but it was not shown that the accident was on account of the fact that he did not have a heavy transport vehicle driving licence. I cannot subscribe to this line of reasoning. 2. If the accident was found to be a result of the negligent driving of the driver and the Tribunal found that the driver did not FAO No.4951 of 2006 -2- have a licence for the particular category of vehicle that he was driving, the Tribunal ought to have seen that there had been a breach of terms of the policy and the insurer cannot be expected to indemnify the insured. 3. The award of the Tribunal is modified to provide for enforcement of the claim against the insurer but the insurer will have a right of recovery against the insured after satisfying the claim of the claimants. The appeal is allowed to the above extent only. (K. KANNAN) JUDGE July 26, 2010 Pankaj*