F.A.O.NO. 2647 OF 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2647 OF 2007 Date of decision: 23rd July, 2010 M/s The United India Insurance Co. Ltd., Hisar .......Appellant Versus Lila and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. R.K.Bashamboo, Advocate, for the appellant. Mr. Shalender Mohan, Advocate, for respondent Nos. 1 to 4. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Insurance Company is in appeal challenging the validity of the award in a case where the driving licence was only for driving a car, jeep or tractor. The insured vehicle was goods carriage and insured as such as per the terms of the policy produced before the Court. If it was goods carriage, it was a transport vehicle, then is required special endorsement under Section 3 of the Motor Vehicles Act. The driving licence did not contain the endorsement. It was further elicited in evidence that the driving licence itself was fake. The Insurance Company could not have been made liable without making a provision for right of F.A.O.NO. 2647 OF 2007 2 recovery against the insured. 2. The award of the Tribunal is modified to make the insurer liable only to satisfy the claim of the claimants and obtain right of recovery against the insured. The appeal is allowed to the above extent only. [K.KANNAN] JUDGE 23rd July, 2010 Shivani Kaushik