IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.970 of 2004 (O&M) Date of decision:23.09.2010 National Insurance Company Limited ....Appellant versus Paramjit Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Tejinderpal Singh, 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 appeal survives for consideration only against the 5th respondent-owner on a plea by the insurer that the driving licence was not genuine. The Tribunal has itself found on evidence adduced by the insurer that the licence was fake but the renewal was genuine. This issue has been dealt with by the Hon'ble Supreme Court in United India Insurance Company Versus Divinder Singh (2007) 8 SCC 342 to hold that even if the renewal is genuine if the original issue was fake, the licence must be treated only as fake. Evidently the owner was guilty of violation of terms of policy and the insurer shall have a right of recovery, after satisfying the claim, against the insured. FAO No.970 of 2004 (O&M) - 2 - 2. The award is modified and the appeal is allowed on the above terms. (K.KANNAN) JUDGE 23.09.2010 sanjeev