F.A.O. No. 406 of 1996 . New India Assurance Company Limited through its Regional Office, Chandigarh v. Amarjeet Kaur and others . Present: Mr. Ashwani Talwar, Advocate, and Mrs. Veena Ashwani Talwar, Advocate, for the appellant. None for the respondents. -.- Mohinder Pal, J. Motor Accident Claims Tribunal, Ambala (for short `the Tribunal') vide Award dated 8.11.1995 granted compensation of Rs.1,92,000/- for the death of Pala Ram to Amarjeet Kaur, widow of Pala Ram, Sikandar, son of Pala Ram, Ninder, daughter of Pala Ram and Smt.Bhajan Kaur, mother of Pala Ram (respondents Nos.1 to 4). Death of Pala Ram had occurred on account of accident of bicycle driven by him with the truck bearing registration No.PB-11-2235, driven Balbinder Singh (respondent No.5) and owned by Bhadar Singh (respondent No.6). Balbinder Singh, Bhadar Singh and the New India Assurance Company (hereinafter referred to as the `appellant- Company') were held liable by the Tribunal to pay the amount of compensation jointly as well as severally. In this appeal, the appellant- Company seeks modification of the Award dated 8.11.1995 to the extent of -2- F.A.O. No. 406 of 1996 . absolving the appellant-Company of the joint and several liability fastened on it by the Tribunal. In this case, the driving licence held by Balbinder Singh, Driver of the offending truck, was found to be fake. The Driving Licence of Balbinder Singh had allegedly been issued by the Regional Transport Officer, Cuttock. The Driving Licence of Balbinder Singh was got verified from the Regional Transport Officer, Cuttock, who vide report (Exhibit R-4) mentioned that as per the office record no such Driving Licence had been issued in favour of Balbinder Singh, the Driver of the offending truck. No doubt, Balbinder Singh had later on got the said Driving Licence renewed. However, a Driving Licence, which was a forged and fabricated one, could not attain validity by its purported renewal. Thus, the offending vehicle was being driven by Balbinder Singh in violation of the terms and conditions of the Insurance Policy as he (Balbinder Singh) was not in possession of a valid driving licence at the time of accident. It has been held by the Hon'ble Supreme Court in the case of New India Assurance Co. Ltd. v. Kamla and others, 2001 ACJ 843, wherein the Driver was holding a fake licence, that the Insurance Company can recover from the insured the amount so paid to the third parties if as per the policey conditions the insurer had no liability to pay such sum. In view of the law laid down by the Apex Court in Kamla and others's case (supra), the appellant-Company will be at liberty to recover from the insured the amount of compensation as awarded by the Tribunal to the claimants by taking recourse to appropriate forum. The impugned Award -3- F.A.O. No. 406 of 1996 . stands modified to the extent indicated above. This appeal stands disposed of accordingly. March 17, 2010. ( MOHINDER PAL ) ak JUDGE