FAO No.2186 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2186 of 2003 Date of Decision. 30.08.2010 United India Insurance Co. Ltd., Regional Office, SCO Nos.123-124, Sector 17-B, Chandigarh through its authorized signatory Sh. Baljit Singh, Asstt. Manager. ......Appellant Versus Kela Devi wife of Sh. Pal Singh and others .....Respondents Present: Mr. Navin Kapoor, 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. The plea of the insurance company is that the driver was not duly licenced at the time of the accident. The insurance company was still made liable without providing for a right of recovery against the insured for breach of terms of the policy. 2. The accident took place on 19.09.2000, while the driver did not have any licence at all. His licence that was produced showed that it was issued on 10.02.1997 and was valid till 09.02.2000. The renewal of the licence itself had been made only subsequent to the accident on 11.02.2001 till 10.02.2006. The insurance company could not have been left without being provided FAO No.2186 of 2003 -2- with the right of recovery for the only fact that the driver did not have such a licence. If only the renewal was made within a period of 30 days from the date of its expiry, it could be stated that the driver was duly licenced and the insured to take the benefit of the same. This has been so held 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. 3. The award of the Tribunal is, under the circumstances, modified to provide for a right of recovery against the insured-owner of the vehicle and the appeal is allowed to the above extent. (K. KANNAN) JUDGE August 30, 2010 Pankaj*