FAO No. 1310 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 1310 of 2009 Date of decision January 24 , 2011 Saroj Rani and others ....... Appellants Versus Raju Banjara and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. M. S. Bedi, Senior Advocate with Mr. Anil K. Joshi, Advocate for the appellants. Mr. Pardeep Goyal , Advocate for the Insurance Company-respondent No.3. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No K. Kannan, J (oral). 1. The appeal is by the claimant against the award exonerating the Insurance Company from liability on the ground that the driver had only a Light Motor Vehicles license, when the vehicle was involved in the accident was a Heavy Motor Vehicle. Even if such a finding were recorded, the Tribunal could not have dismissed the claim against the insurer as far as the claim against the insurer was concerned. 2. In any event, at the stage of the appellate Court when the claimant secured proof for the fact that he had a driving license to drive a heavy goods vehicle, the counsel for the Insurance Company Mr. Pardeep Goyal has got done a verification of the same and produced FAO No. 1310 of 2009 2 before me a letter of communication from the District Transport Office that the driver had a heavy transport vehicle license w.e.f. 16.6.2004. The accident had taken place on 19.5.2005 and evidently the driver had a valid driving license at the relevant time to make the insurer liable not merely to satisfy the claimants but also indemnify the owner insured. 3. The award of the Tribunal for such liability against the insurer and the appeal by the claimant is allowed to the above extent. (K. KANNAN) JUDGE January 24, 2011 archana