IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1342 of 1995 Date of decision:30.07.2010 Oriental Insurance Company ....Appellant versus Sant Lal and others ...Respondents II. FAO No.1343 of 1995 Oriental Insurance Company ....Appellant versus Narain Parkash and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Vinod Chaudhri, 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. Both the cases are connected and are disposed of by a common order. 2. The appellant challenges the award as regards liability on the ground that although there was proof that the licence was fake since the renewal was found to be valid, on a reliance on a judgment of this Court in National Insurance Company Limited Verus Sucha Singh and others-1994(1) PLR 140 it found the insurer liable. Sucha Singh's case FAO No.1342 of 1995 - 2 - was expressly overruled by the decision of the Hon'ble Supreme Court in National Insurance Company Limited Versus Swaran Singh-(2004) 3 SCC 297 and the decision in United India Insurance Versus Divinder Singh-(2007) 8 SCC 342 has laid down that if either the original or the renewal is fake, then the licence must only be taken to be a fake. Under the circumstances, the award of the Tribunal is modified to restrict its liability only to the claimants with the right of recovery against the insured. 3. Both the appeals are allowed to the above extent. (K.KANNAN) JUDGE 30.07.2010 sanjeev