FAO No.4025 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4025 of 2002 Date of Decision. 01.10.2010 United India Insurance Co. Ltd., through Sh. Baljit Singh, Assistant Manager, Regional Office, SCO No.123-24, Sector 17-B, Chandigarh ......Appellant Versus Rattan Kaur wife of Shri Jeet Singh and others ......Respondents 2. C.R. No.3885 of 2002 United India Insurance Co. Ltd., through Sh. Baljit Singh, Assistant Manager, Regional Office, SCO No.123-24, Sector 17-B, Chandigarh ......Appellant Versus Surjit Kaur wife of Shri Boota Singh and others ......Respondents Present: Mr. Suman Jain, Advocate for the appellant. None for the appellants. 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 appeal and civil revision filed by the insurance company arise out of the same accident. The insurance company challenges the liability on the ground that the cheque purported to be for payment of premium for the policy had been dishonoured even prior to the accident and a notice of cancellation of the policy had been issued on 16.11.1999. The accident had taken place on 25.08.2000. The insurer's liability under a policy could be attached FAO No.4025 of 2002 -2- only on the payment of premium in terms of Section 64 VB of the Insurance Act. The insurance company, therefore, cannot be made liable as held by the decisions of the Hon'ble Supreme Court in Deddapps and others Vs. B.M. National (2008) 2 SCC 595 and (National Insurance Company Limited Vs. Abhay Singh Partap Singh Waghela (2008) 9 SCC 133. 2. Even at the time of admission of appeal, the Court has declined the stay. The awards of the Tribunal shall, therefore, stand modified to provide for a right of recovery against the insured/owner. The appeal and the civil revision are allowed to the above extent. (K. KANNAN) JUDGE October 01, 2010 Pankaj*