F.A.O.NO. 1247 OF 2000 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1247 OF 2000 Date of decision:25th August, 2010 The New India Assurance Co. Ltd. .......Appellant Versus Mohinder Singh and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Inderjeet Sharma, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Insurance Company is in appeal denying the liability on the ground that the licence was proved to be fake but still the Tribunal fastened the liability on a finding that the renewal of licence had been genuine. This aspect of the case was considered by the Hon'ble Supreme Court in United India Insurance v. Davinder Singh(2007) 8 SCC 342, where it was held that even if the renewal is genuine but the original issue of licence has proved to be fake, it would be false. 2. Under the circumstances, the Insurance Company shall not be liable to indemnify the insured. The liability is to satisfy F.A.O.NO. 1247 OF 2000 2 the claim under the award with a right of recovery against the insured. The award of the Tribunal is modified and the appeal allowed to the above extent. [K.KANNAN] JUDGE 25th August, 2010 Shivani Kaushik