FAO No.1643 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1643 of 1998 Date of Decision. 05.08.2010 United India Insurance Co. Ltd., Sai Market Patiala having its Regional Office in Sector 8, Chandigarh through Shri R.C. Bansal, Asstt Manager duly constituted attorney. ......Appellant Versus Ram Kumar son of Gurpal Singh, resident of village Lehli, P.O. Dappar, Tehsil Rajpura, Distt. Patiala and others ......Respondents 2. FAO No.1644 of 1998 United India Insurance Co. Ltd., Sai Market Patiala having its Regional Office in Sector 8, Chandigarh through Shri R.C. Bansal, Asstt Manager duly constituted attorney. ......Appellant Versus Sahib Kaur wife of Bakshi Ram and others ......Respondents 3. FAO No.1645 of 1998 United India Insurance Co. Ltd., Sai Market Patiala having its Regional Office in Sector 8, Chandigarh through Shri R.C. Bansal, Asstt Manager duly constituted attorney. ......Appellant Versus Dayalo wife of Sukhdev Singh and others ......Respondents Present: Mr. Ravinder Arora, 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? -.- FAO No.1643 of 1998 -2- K. KANNAN J.(ORAL) 1. All the three appeals refer to the issue of a fake driving licence. The Tribunal has found that the licence produced by the driver Jeet Singh was fake with reference to the evidence given by Mohinder Kumar, Accountant of the Office of the RTO, Dehradun. The Tribunal held that a third party claimant cannot suffer by the deliberate act of the driver and owner not having a driving licence. While the Tribunal was correct in finding that the claimant's relief against an insurer cannot suffer by a fake licence, consistent with its own finding, it ought to have provided for right of recovery against the insured owner. 2. All the appeals are allowed to that extent only making the insurer liable to satisfy the claims of the claimants with right to recovery against the insured-owner. (K. KANNAN) JUDGE August 05, 2010 Pankaj* FAO No.1643 of 1998 -3-