IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.242 of 2005 (O&M) Date of decision:01.10.2010 United India Insurance Company Limited ....Appellant versus Smt. Krishna Devi and another ...Respondents II. FAO No.243 of 2005 (O&M) United India Insurance Company Limited ....Appellant versus Smt. Santosh Rani and others ...Respondents III. FAO No.244 of 2005 (O&M) United India Insurance Company Limited ....Appellant versus Surinder Kumar and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Vinod Gupta, Advocate, for the appellant. Mr. Umesh Narang, Advocate, 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 ? ---- FAO No.242 of 2005 (O&M) - 2 - K.Kannan, J.(Oral) 1. The Insurance Company is in appeal in a case where the Tribunal has granted recovery rights and this Court has after admission even vacated the order of stay. The insurer himself is not in appeal challenging the finding relating to the rights granted to the insurer for recovery for satisfying the award. There is no error in the award passed by the Tribunal in a case where the Court found that the driver did not have a valid driving licence and the contention of the Insurance Company that they were gratuitous passengers was also accepted. Having regard to the right of payment and recovery principle in case of fake driving licence is too well established by the Hon'ble Supreme Court in National Insurance Company Versus Swaran Singh (2004) 3 SCC 297 and having regard to the subsequent event vacating the order of stay and making the insurer liable to satisfy the claimants, there survives nothing for consideration. 2. All the appeals are, therefore, dismissed. (K.KANNAN) JUDGE 01.10.2010 sanjeev