FA.O.NO.2155 OF 1995 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2155 OF 1995 Date of decision: 16th July, 2010 The New India Assurance Co. Ltd. .......Appellant Versus Shri Tara Chand Bhardwaj and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. L.M.Suri, Sr. Advocate with Mr. Neeraj Khanna, 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 challenging the award on the ground that the driver has produced a driving licence in a Court which had been secured only after the accident. If he did not have a licence then making the insurer liable shall not become possible, unless it is shown that the accident took place under circumstances where the driving licence itself will be irrelevant such as mechanical failure of the vehicle causing the accident or bismajor situations, set down by the Hon'ble Supreme Court in National Insurance Co. V. Swaran Singh (2004) 3 SCC 297. FA.O.NO.2155 OF 1995 2 2. In this case, the finding that the driver of the motor vehicle was guilty of negligence, the want of licence on the relevant time of the accident shall definitely exclude the liability of the Insurance Company to indemnify the insured. 3. Under such circumstances, the appeal is allowed to the extent of making the insurer liable only to satisfy the claimant but with a right of recovery against the insured. [K.KANNAN] JUDGE 16th July, 2010 Shivani Kaushik