FAO No. 1327 of 1997 and FAO No. 1328 of 1997 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 1327 of 1997 Date of decision August 31, 2010 The New India Assurance Company Ltd. ....... Appellant Versus Smt. Nirmla Kumari and others ........ Respondents FAO No. 1328 of 1997 The New India Assurance Company Ltd. ....... Appellant Versus Gurmel Singh and others ........ Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. L. M. Suri, Sr. Advocate with Mr. Neeraj Khanna, Advocate for the appellant. Mr. Ashit Malik, Advocate for the claimants. **** K. Kannan, J (oral). 1. Both the appeals involve a common issue and are disposed of by a common order. 2. The Insurance Company is in appeal on the FAO No. 1327 of 1997 and FAO No. 1328 of 1997 ground that the driver did not have a valid driving license. The judgment speaks that at the trial, in spite of an opportunity being sought for tendering proof that the license produced by the driver was not duly licensed, it was not produced. This fact is denied and the case had been made out in appeal. In the appeal this Court had directed to summon the relevant record and for examination of evidence in appeal. A Clerk from the Lincensing Authority, Kumaon Region, Kathgodam (Nanital) had come present with the original records and copy of the license was marked after comparing with the original license renewal register that the license was valid up to 10.3.1991 and there had been no fresh renewal subsequent to that date. The accident had taken place on 21.11.1991. Evidently, at the relevant time the driver did not have a valid driving license. 3. Under the circumstances, the Insurance Company could not have been made liable. Insurance Company's liability shall be only to satisfy the claimants and the insurer shall have a right of recovery against the owner/insured. The appeals are allowed to the above extent and the awards of the Tribunal are modified to make the insurer liable to the claimants but it will have a right of recovery against the insured. (K. KANNAN) JUDGE August 31, 2010 archana