FAO No.2175 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2175 of 2003 Date of Decision. 22.09.2010 National Insurance Company Ltd., Regional Office-I, SCO No.332-334, Sector 34-A, Chandigarh through Shri Amandep Singh, Asstt. Manager ......Appellant Versus Surinder Kaur w/o Ram Singh son of Gainda Singh and others ......Respondents 2. FAO No.3475 of 2003 National Insurance Company Ltd., Regional Office-I, SCO No.332-334, Sector 34-A, Chandigarh through Shri Amandep Singh, Asstt. Manager ......Appellant Versus Lakhwinder Singh son of Surinder Singh and others ......Respondents Present: Mr. R.M. Suri, 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. In both the appeals the issue is with reference to the liability of the insurance company in view of the fact that the driving licence was proved to be fake but the insurance company was still made liable to indemnify the insured. At the trial, RW-1 Ramesh Chander Sharma was examined with reference to a document to state that the licence issued on 22.01.1975 had not been issued in favour of the driver. He had further admitted that there had been FAO No.2175 of 2003 -2- subsequent renewal endorsement. If the original licence is fake, the fact that there had been subsequent renewals cannot make licence genuine in view of the law laid down by the Hon'ble Supreme Court in United India Insurance Company Limited Vs. Davinder Singh (2007) 8 SCC 698. 2. The Tribunal ought to have, therefore, held that the driver did not have a valid driving licence and the owner was guilty of violation of terms of policy especially, in view of the fact that the owner had not given any evidence to explain the circumstances under which he was led to believe that the driver had a valid driving licence. 3. The award of the Tribunal is modified to satisfy the claim of the claimants and recover the same against the owner/insured. The appeals are allowed to the above extent. (K. KANNAN) JUDGE September 22, 2010 Pankaj*