FAO No.991 of 2008 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.991 of 2008 Date of Decision. 29.07.2010 United India Insurance Company Limited, Sector-17, Chandigarh through its duly Authorized Officer .........Appellant Versus Suman Gandhi widow of Rakesh Gandhi son of Shri Sukhchain aged 42 years and others .......Respondents Present: Mr. Vinod Gupta, 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. In this case, the insurance company challenges the award on the ground that in spite of the finding by the Tribunal that the driving licence was fake and there was no evidence that the owner did not know about the same, the insurer was still made liable on a finding that in view of the decision of the Hon'ble Supreme Court in National Insurance Co v Swaran Singh (2004) 3 SCC 297, the insurance company cannot have a right of recovery. This observation was clearly a misreading of the judgment of the Hon'ble Supreme Court, for it has been brought out in paragraphs 99, 100 and 101 that the insurance company will have a right of recovery against the FAO No.991 of 2008 -2- insured in the event of its proof that the licence was fake. 2. The award of the Tribunal is, therefore, modified to restrict the liability of the insurance company only to satisfy the claim of the claimants with the right of recovery against the insured. The appeal is allowed to the above extent only. (K. KANNAN) JUDGE July 29, 2010 Pankaj*