FAO No.3750 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3750 of 2003 Date of Decision. 29.07.2010 United India Insurance Company Limited, having its Regional Office at Sector 17, Chandigarh through its manager. .........Appellant Versus Gurjinder Pal Kaur aged 26 years widow of Shri Paramjit Singh son of Harbans Singh and others .......Respondents Present: Mr. Sanjiv Pabbi, 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 insurance company is in appeal denying liability on the ground that the driver did not have a valid driving licence. Admittedly, the vehicle was a transport vehicle and the licence produced by the driver did not carry a transport vehicle endorsement as required under Section 3 of the Motor Vehicles Act. The Tribunal has reasoned that the terms of the policy do not spell out anywhere that an endorsement is necessary. This line of reasoning, in my view, is erroneous, for there is no need for a repetition of what the statute provides. The requirement of such endorsement for driving transport vehicle obtains a mandate through Section 3 of the Motor FAO No.3750 of 2003 -2- Vehicles Act and if there had been no such endorsement, it cannot be said that the driver was duly licenced to drive the particular category of vehicle that was involved in the accident. 2. The award of the Tribunal is modified to make the insurer liable only to satisfy the claim of the claimants with right of recovery from the insured. The appeal is allowed to the above extent. (K. KANNAN) JUDGE July 29, 2010 Pankaj*