IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5129 of 2002 (O&M) Date of decision: 17.09.2010 The National Insurance Company Limited ....Appellant versus Manjinder Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. V. Ramswaroop, Advocate, for the appellant. None for the respondents. ---- 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 in appeal on the ground that the car, which was being driven, was a Tata Sumo, having seating capacity of 5, while the driver had merely a driving licence to drive a car and motorcycle. The attempt of the insurer is to say that the driver was not duly licensed. The seating capacity alone cannot determine whether a licence to drive a light motor vehicle is sufficient to drive of a particular vehicle having seating capacity of 5. If it is not a transport vehicle, no special endorsement would be necessary and the possession of the driving licence for driving a car is sufficient for driving even the vehicle which the driver was driving at the relevant time. FAO No.5129 of 2002 (O&M) - 2 - 2. The award of the Tribunal fastening the liability on the insurer is justified and the appeal is dismissed. (K.KANNAN) JUDGE 17.09.2010 sanjeev