FAO No.338 of 1999 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.338 of 1999 Date of Decision.19.07.2010 United India Insurance Company Ltd., through its duly constituted attorney, Regional Office, Sector 8C, Chandigarh .........Appellant Versus Mrs. Vimla Nayyar widow of late Shri P.S. Nayyar and others .......Respondents Present: Mr. Inderjit Sharma, Advocate for the appellant. Mr. Abhijat Gaur, Advocate for Mr. G.K. Mann, Advocate 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 award is challenged on the ground that in line with the defence taken by the insurer that the driver Gurvinder Singh did not possess valid driving licence, Gurvinder Singh himself admitted in evidence that he did not have a driving licence. There being no evidence from the owner as to the circumstances under which he entrusted the vehicle, the Tribunal could not have fastened the liability on the insurer without providing for a right of recovery against the insured. 2. Under the circumstances, the Insurance Company shall not be liable to indemnify the insured. The liability is to satisfy the FAO No.338 of 1999 -2- claim under the award with a right of recovery against the insured. The award of the Tribunal is modified and the appeal allowed to the above extent. (K. KANNAN) JUDGE July 19, 2010 Pankaj*