FAO No.1979 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No.1979 of 2009 Date of decision March 7, 2011 Devender Kumar ....... Appellant Versus Smt. Prem Lata and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. J. S. Yadav, Advocate for the appellant. Mr. Neeraj Khanna, Advocate for Mr. Ravinder Arora, Advocate for the Insurance Company-respondent No.5. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is by the owner who had been fastened with liability and denied a right of indemnity from the insurer on the ground that the driver did not have a valid driving license to drive a transport vehicle. Learned counsel appearing for the appellant points out that with respect to yet another claim arising out of the same accident, the appeal had been preferred in FAO No.4771 of 2009 and this Court has passed a judgment on 27.1.2011 referring to the fact that the license produced by the driver had a transport vehicle endorsement from 7.3.2006 to 12.3.2009, that is, during the relevant period when the accident had taken place namely on 4.5.2006 and when the license was current. The judgment has been rendered in the presence of the counsel for the very FAO No.1979 of 2009 2 same Insurance Company represented through yet another counsel. Since I have taken the view that the driver had held a valid driving license in relation to the vehicle that had been involved in the accident, I see no reason to take a different view in this appeal as well. The award is modified to provide for a liability for the Insurance Company and a right of indemnity to the appellant. The appeal is allowed to the above extent. The amount of `25,000/- deposited by the appellant is permitted to be withdrawn by the appellant from the Court. (K. KANNAN) JUDGE March 7, 2011 archana