FAO No.2279 of 1994 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2279 of 1994 Date of Decision. 08.09.2010 2. FAO No.2210 of 1994 National Insurance Company Ltd., SCO No.337-340, Sector 35-B, Chandigarh through its Regional Manager ......Appellant Versus Sita Devi wd/o Shri Mam Chand and others ......Respondents Present: Mr. L.M. Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate for the appellant. Mr. C.B. Goel, 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 issue for consideration in both the appeals is the liability of the insurer vis-a-vis the insured. The accident had taken place on 8.4.1993 and on that relevant date, the driver did not have a valid driving licence. His licence had expired on 04.09.1990 itself. It was renewed only subsequent to the accident on 12.04.1993. Evidently, the driver did not have a valid driving licence at the relevant time and the renewal has come about only subsequent to the accident. As regards a licence, which is renewed after the accident and beyond a period of 30 days after the expiry, it has been FAO No.2279 of 1994 -2- 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 Aggarwal (2009) 15 SCC 761 that the insurer will not be liable. 2. The Tribunal has, however, reasoned that since a renewal has come about even subsequently, the insurer will become liable. The view of the Tribunal is not correct. 3. The award of the Tribunal will, therefore, stand modified to make the insurer liable only to satisfy the claim of the claimants and it will have a right of recovery against the insured. 4. The appeal are allowed to the above extent. (K. KANNAN) JUDGE September 09, 2010 Pankaj*