FAO No.1002of 2007 and FAO No.1003 of 2007 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No.1002 of 2007 Date of decision:14.07.2010 United India Insurance Company Limited ...Appellant Versus Girwar Singh and others .....Respondents AND FAO No.1003 of 2007 United India Insurance Company Limited ...Appellant Versus Vikas and others .....Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Vikas Mohan Gupta, Advocate with Ms. Sonal Datta, Advocate for the appellant. Mr. S.P. Chahar, Advocate for the respondents. ..... K. Kannan, J. (Oral) 1. This order shall dispose of FAO Nos.1002 and 1003 of 2007 which have arisen due to the same accident. 2. The Insurance Company is urging that the vehicle, which was involved in the accident, was a transport vehicle and it was insured as such. The driving licence was for driving car, scooter and motorcycle and his licence did not carry endorsement for driving transport vehicle as required under Section 3 of the Motor Vehicle Act. It was contended that even under Section 4, the licence could have been issued only to a person whose age is more than 20 years and the evidence was to that effect that the driver was born on 3.10.1987 and FAO No.1002of 2007 and FAO No.1003 of 2007 2 licence was issued on 18.11.2005. The accident took place on 08.04.2006. Evidently he was not entitled to obtain a transport vehicle licence. He has breached the terms of policy, in which case, it is clearly established that insurer is not liable to indemnify the insurer. 3. The Tribunal has however, passed the award against the Insurance Company only. The award of the Tribunal, in these circumstances is modified to provide the liability to satisfy the claimant and recover the same against the insured. Appeal is allowed to that extent only. (K.KANNAN) JUDGE 14th July, 2010 sharmila