IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.677 of 2003 (O&M) Date of decision:28.09.2010 National Insurance Company Limited ....Appellant versus Suresh Kumar and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN Present: Mr.Neeraj Khanna, 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 challenging the restriction of right granted to the insurer only for recovery against the insured when its plea was that the driver did not have a valid driving licence. Its contention, that the insurer should not have been made liable in the first place, cannot be accepted in view of the law laid down by the Hon'ble Supreme Court in New India Assurance Company Versus Kamla-(2001) 4 SCC 342 and National Insurance Company Versus Swaran Singh (2004) 3 SCC 297. The whole law has been considered in a decision of this Court in The New India Assurance Company Limited Versus Harbans Kaur and others in FAO No.3053 of 2010, FAO No.677 of 2003 (O&M) - 2 - decided on 28.06.2010. More particularly, this Court has also held that even if there is no driving licence, the pay and recover principle will apply in The New India Assurance Company Limited Versus Tek Chand Gupta and others in FAO No.2879 of 2000, decided on 24.08.2010. 2. The appeal by the Insurance Company, under the circumstances, is dismissed. (K.KANNAN) JUDGE 28.09.2010 sanjeev