FAO No.2516 of 1997 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2516 of 1997 Date of Decision. 27.09.2010 New India Assurance Company Limited, G.T. Road, Mandi Gobindgarh, Distt. Fatehgarh Sahib (Punjab) through its Regional Manager, Sector 17, Chandigarh ......Appellant Versus Gurmit Singh and others ......Respondents Present: Mr. Mrigank Sharma, Advocate for Mr. Ashwani Talwar, Advocate for the appellant. None for respondent Nos.1 and 2. Mr. P.K. Gupta, Advocate for the respondents Nos.3 and 4. 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 challenging the liability on the ground that the driver had merely a licence to drive a motor cycle and car but at the relevant time of the accident, he was driving a tractor and trolley. A tractor trolley combination is a goods carriage and consequently a transport vehicle. If it is a transport vehicle, there is a requirement under Section 3 of the Motor Vehicles Act for a special endorsement. If he did not have one, it must be only taken that the driver was not duly licenced. 2. The insurance company could not have been made liability FAO No.2516 of 1997 -2- without providing to it a right of recovery against the insured for violation of terms of the policy. 3. The award of the Tribunal is, therefore, required to be modified and accordingly modified. The appeal is allowed to the above extent providing for a right of recovery to the insurer against the owner/insured of the vehicle after satisfying the claim of the claimants. (K. KANNAN) JUDGE September 27, 2010 Pankaj*