IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1175 of 1997 Date of decision:06.08.2010 National Insurance Company Limited and others ....Appellants versus Jai Bhagwan ...Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjeet Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for the appellants. None for the respondent. ---- 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 challenges the award both on the question of quantum as well as on the liability. As regards the quantum, the insurer cannot join issues since no permission under Section 170 had been granted. 2. As regards the liability, the Tribunal itself had observed that the scooterist, who was insured, did not have a driving licence to drive the scooter. It still found that the third party cannot be put to loss but did not provide to it without a right of recovery from the insurer. While the law is correct in so far as it made the insurer liable, the Tribunal was in error in not providing for a right of recovery against the insured for FAO No.1175 of 1997 - 2 - breach of violation of terms of policy. 3. The award of the Tribunal is modified to make it liable for satisfying the claim of the claimants and recovering the same from the insured. 4. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 06.08.2010 sanjeev