FAO No.1585 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1585 of 2003 Date of Decision. 22.09.2010 National Insurance Company Ltd., G.T. Road, Mandi Gurdaspur through its Asstt. Manager ......Appellant Versus Seema widow of Sanjeev Kumar aged about 25 years, resident of Purana Taragarh, Tehsil Pathankot, District Gurdaspur and others ......Respondents Present: Mr. Tajinder Pal Singh, Advocate for the appellant. None for respondent Nos.1 to 3 and 5. Mr. R.S. Chauhan, Advocate for respondent No.4. 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 on appeal on the question of liability pointing out to the fact that the driver of the offending vehicle had only a driving licence to drive scooter but he was driving a tractor. Tractor, if it is to be taken as a light motor vehicle, is a distinct category as provided under Section 10 of the Motor Vehicles Act. The fact that the driver had merely a licence to drive a scooter was proved by the insurer by examining the witness from the licensing authority with reference to the register maintained by them. The insurer could not have been made liable beyond the point of making it answerable to satisfy the claimants and it ought to FAO No.1585 of 2003 -2- have provided for right of recovery against the insured for what was obviously a case of violation of terms of policy. 2. The award of the Tribunal is modified to provide for a right of recovery against the insured and the appeal is allowed to the above extent. (K. KANNAN) JUDGE September 22, 2010 Pankaj*