FAO No.3951 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3951 of 2006 Date of Decision. 24.09.2010 National Insurance Company Limited, Yamuna Nagar through Smt. Sarla Verma, Assistant Manager, National Insurance Company Limited, Regional Office-II, SCO No.337-340, Sector 35-B, Chandigarh ......Appellant Versus Ram Phal son of Shri Bara Ram, Raj Mistri (Mason) r/o Kalayat Distt. Kaithal and others .....Respondents Present: Mr. Suman Jain, 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 on appeal challenging the liability on the ground that the driver did not have a valid driving licence at the relevant time. The accident took place in November, 2002. The driver had licence to drive scooter, motor cycle, car and jeep. The insured's vehicle, however, was a truck which is a transport vehicle that required a transport vehicle endorsement under Section 3 of the Motor Vehicles Act. Such an endorsement was brought out only subsequent to the accident on 17.12.2003. The driving licence and the necessary documents filed in the Court themselves reveal this fact but the Tribunal held that the insurance FAO No.3951 of 2006 -2- company had not established its defence. 2. The finding of the Tribunal is clearly wrong. The driver was not duly licenced and the owner ought to be taken as having committed breach of terms of policy. The award of the Tribunal is, under the circumstances, modified to provide for right of recovery against the insured. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE September 24, 2010 Pankaj*