FAO No.2087 of 1995 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2087 of 1995 Date of Decision. 15.07.2010 M/s United India Insurance Co. Ltd., Chandigarh through Sh. S.K. Bansal, Dy. Manager duly constituted attorney/authorized person. .........Appellant Versus Mansa Ram father of Ganga Ram and others .......Respondents Present: Mr. Raj Kumar Bashamboo, 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 is in appeal challenging the award passed against it without providing even a right of recovery against the owner in a case where a goods carriage, which is transport vehicle was driven by a person, who held a licence without transport vehicle endorsement as set down under Section 3 of the Motor Vehicles Act. The Tribunal passed the award on the ground that a truck could also be a motor car and there was nothing to show that it was a heavy motor vehicle. The endorsement for transport vehicle is for a vehicle, which is a goods carriage. Admittedly, the truck was a goods carriage and therefore, a special endorsement was necessary. The insurance company ought to have been, therefore, FAO No.2087 of 1995 -2- permitted the right of recovery against the owner for a clear breach of terms of the policy by entrusting the vehicle to a driver, who did not have an effective driving licence. 2. The appeal is allowed to that extent of providing for the insurer a right of recovery. (K. KANNAN) JUDGE July 15, 2010 Pankaj*