FAO No.3165 of 1996 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3165 of 1996 Date of Decision. 16.09.2010 National Insurance Company Limited, Regional Office No.2, 1st and 2nd Floor, SCO No.339-340, Sector 35-B, Chandigarh through Shri R.C. Gupta, Administrative Officer ......Appellant Versus Banti Kumar (minor) s/o Sh. Ram Sarup and others ......Respondents Present: Mr. Jagtar Kureel, 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. The insurance company is on appeal challenging the liability on the ground that the driving licence was fake. It was proved through examination of witnesses from the Licensing Authority that the particular licence which had been produced, had never been issued by the Licensing Authority. The Tribunal still found that there had been valid renewal subsequently and therefore, it should be taken that the driver was duly licenced. This proposition conflicts with the law laid down by the Hon'ble Supreme Court in United Indian Insurance v Divinder Singh (2007) 8 SCC 342 that a renewal of a fake driving licence is no licence at all and hence the insurer shall not be liable. FAO No.3165 of 1996 -2- 2. It will, therefore, be taken as established that the driver did not have a valid driving licence and the owner had committed a breach of the terms of policy. The liability of the insurer shall be only to satisfy the claim of the claimants and to recover the same against the insured. 3. The award of the Tribunal is modified and the appeal is allowed. 4. The amount deposited at the time of appeal shall be transmitted to the Tribunal at Hisar. If full satisfaction has already been made, the insurer shall be permitted to withdraw the same. If it has not been done, it shall be open to the claimant to apply for the amount in satisfaction either in part or in full of the award. (K. KANNAN) JUDGE September 16, 2010 Pankaj*