FAO No.2579 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2579 of 1998 Date of Decision.01.07.2010 The New India Assurance Co. Ltd., Regional Office, through its duly constituted attorney, Regional Office, Sector 17-A, Chandigarh ........Appellant Versus Smt. Nalnee Joshi wd/o Kulbhushan and others ...Respondents Present: Mr. R.C. Gupta, Advocate for Mr. Pradeep Bedi, 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? -.- K. KANNAN J.(ORAL) 1. The appeal addresses the singular aspect of the fact of a licence not having been renewed within 30 days of the expiry of the licence and consequently, requires dealing with the situation of a driver, who did not have a valid driving licence on the date when the accident took place. The renewal was made subsequent to the accident and subsequent to the expiry of 30 days. The point has been dealt with in the judgment of Hon'ble Supreme Court in National Insurance Company Limited Vs. Jarnail Singh and others (2007) 15 SCC 28 that held that in a situation like that, it should be taken that the driver did not have a valid driving licence that would disable an insured from claiming indemnity from the insurance FAO No.2579 of 1998 -2- company. The payment of compensation by the insurance company still be available to the claimants in the light of the judgment of the Hon'ble Supreme Court in New India Assurance Company Ltd. Shimla Vs. Kamla (2001) 4 SCC 342. 2. The appeal is allowed only in so far as it provides for a right of recovery against the insured. (K. KANNAN) JUDGE July 01, 2010 Pankaj*