FAO No.3996 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3996 of 2002 Date of Decision. 09.09.2010 National Insurance Company Limited, Regional Office, SCO No.337- 340, Sector 35-B, Chandigarh through its duly constituted attorney ......Appellant Versus Tarkeshwar Sharma s/o Harish Chand Sharma and others ......Respondents Present: Mr. Inderjit Sharma, Advocate for Mr. Pradeep Bedi, Advocate for the appellant. Mr. Sandeep Jasuja, Advocate 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 at the relevant time when the accident took place on 12.10.1992, there was no valid driving licence. The driving licence was valid upto 23.07.1992 and it was renewed only subsequent to the accident on 06.11.1992. The renewal had been made more than 30 days beyond the date of expiry. The Tribunal found that since renewal had been effected, it must be taken that the driver was not disqualified from holding a driving licence. This issue has been considered by the Hon'ble Supreme Court in National Insurance Company Limited Vs. Jarnail Singh (2007) 15 SCC 28 and New India Assurance Company Limited Vs. Suresh Chander FAO No.3996 of 2002 -2- Aggarwal (2009) 15 SCC 761 to the effect that the insurer shall not be liable. 2. The award of the Tribunal is modified to the extent that the insurance company shall be liable to satisfy the claim of the claimants but it will have a right of recovery against the insured- owner. The appeal is allowed to the above extent. (K. KANNAN) JUDGE September 09, 2010 Pankaj*