IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4968 of 2002 (O&M) Date of decision:04.10.2010 National Insurance Company Limited ....Appellant versus Smt. Bimla Devi and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Ravinder Arora, Advocate, for the appellant. None for the respondents. ---- 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 challenging liability on the ground that even the admitted document which was produced by the driver only showed that he had a driving licence issued on 20.11.2001, when the accident had taken place on 03.04.2001 itself. Evidently, this was a case where the driver was not duly licensed on the date of the accident. The Tribunal found that the Insurance Company did not elicit whether he had any other earlier licence. The case ought to have been decided on the documentary evidence submitted by the Court by the driver himself and further probe by the insurer was hardly necessary. The insured had committed breach of terms of the policy by entrusting the vehicle to a person, who was not duly licensed. FAO No.4968 of 2002 (O&M) - 2 - 2. The award of the Tribunal would require to be modified making it liable only to satisfy the claim of the claimants and recover the same against the insured. 3. The appeal is allowed on the above terms. (K.KANNAN) JUDGE 04.10.2010 sanjeev