FAO No.1000 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1000 of 2010 (O&M) Date of Decision. 25.08.2010 The New India Assurance Company Limited, Regional Office SCO No.36-37, Sector 17-A, Chandigarh through its duly authorized attorney ......Appellant Versus Sewa Singh son of Sohan Singh and others ......Respondents Present: Mr. R.C. Gupta, Advocate for the appellant. Mr. Rajive Atma Ram, Senior Advocate with Mr. Arjun Partap Atma Ram, 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 insurance company is on appeal on the question of liability, pointing out to the fact that the driver did not have a valid driving licence on the date of the accident. Learned counsel appearing for the insurer points out that even the driver has admitted that renewal of his driving licence was done only subsequent to the accident and also beyond 30 days from the date when the licence had earlier expired. 2. The liability of the insurance company to satisfy the claim shall not be in any way fettered in view of the decision of the Hon'ble Supreme Court in New India Assurance Co., Shimla v. Kamla,(2001) 4 SCC 342 and it will have a right of recovery against FAO No.1000 of 2010 (O&M) -2- the insured. 3. The award of the Tribunal is modified and the appeal is allowed to the above extent. 4. There is also an application filed for withdrawal of Rs.25,000/- deposited by the insurance company. The application is also allowed and the amount shall be permitted to be withdrawn by the claimant, which shall be in part satisfaction of the award granted already and affirmed in appeal by this judgment. (K. KANNAN) JUDGE August 25, 2010 Pankaj*