FAO No.2824 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2824 of 2003 Date of Decision. 22.09.2010 National Insurance Company Ltd., SCO No.332-334, Sector 34-A, Chandigarh through its Asstt. Manager ......Appellant Versus Manjit Singh Dhillon son of Charan Singh resident of Alampur Bakka PS Kartarpur Distt. Jalandhar and others ......Respondents Present: Mr. L.K. Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate for the appellant. None for respondents No.1 and 3. Mr. M.S. Dhillon, Advocate for respondent No.3. 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 of the accident on 16.03.2001, the driver did not have a valid driving licence. In the course of trial, it was proved that the driver had a learner's licence valid from 16.03.2000 to 15.09.2000. He had applied for regular licence subsequent to the accident and secured one on 19.03.2001. Evidently, the driver was not duly licenced at the time of accident. The insurance company ought to have been provided with right of recovery against the insured for breach of condition of the policy. 2. At the time of admission of appeal, the appeal against the FAO No.2824 of 2003 -2- claimants has been dismissed and it has been admitted only qua respondent Nos.2 and 3. The insurance company shall have right of recovery against the insured, who is arrayed as 3rd respondent in the appeal. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE September 22, 2010 Pankaj*