IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2457 of 1997 (O&M) Date of decision:30.09.2010 National Insurance Company Limited ....Appellant versus Charanjit Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ----- Present: Mr. Balbir Singh Wasu, 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 the particular lapse in the award of the Tribunal that fails to record the right of recovery against the insured even while finding that the driver did not have a valid driving licence. I have noticed that the Tribunal while answering issue No.3 in paragraph 9 has observed with reference to the case law that the driver did not have a valid driving licence and has stated that it will have a right of recovery against the driver. It should have been a right of recovery against the owner/insured and not against the driver. Again in the relief clause, there is no reference about the right of recovery. I modify the same and accord to the insurer a right of FAO No.2457 of 1997 (O&M) - 2 - recovery after satisfying the claim of the claimants. 2. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 30.09.2010 sanjeev