IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.384 of 2010 Date of decision:08.07.2010 ICICI Lombard General Insurance Company Limited ....Appellant versus Smt. Raj Bala and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Ms. Vandana Malhotra, Advocate, for the appellant. None for the respondents. ---- 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 sought to deny liability on the ground that the driver, who drove the vehicle, had only a LMV licence and the vehicle that was driven was a transport vehicle. The Court found that there was nothing brought on record to show that which it was a heavier vehicle than jeep. If it was a goods carriage then definition of a 'transport vehicle' as contained in Section 2(47) of the Motor Vehicle Act is that it is a goods carriage is a transport vehicle. Section 3 requires that the driver, who drive the transport vehicle, shall carry a special endorsement, immediately there was no special endorsement, there have been a breach of condition in a policy. The Insurance Company was, FAO No.384 of 2010 - 2 - therefore, entitled to plead that it could not be made liable to satisfy the award. The liability to pay the claimant would subsist but the insurer will have a right to recover the same against the insured. Reserving to the insurer such liberty, the award of the Tribunal is modified and the appeal is allowed to that extent only. (K.KANNAN) JUDGE 08.07.2010 sanjeev