IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2560 of 2004 Date of decision:05.08.2010 New India Assurance Company Limited ....Appellant versus Daljit Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Paul S. Saini, 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 liability cast on it on the ground that the driver did not have a valid driving licence at the time of accident and, therefore, he could not have been made liable. It was brought through evidence produced by the driver himself that the licence was valid from 24.09.1993 to 23.04.1996 and renewed for a further period upto 23.09.1999. The accident had taken place on 29.11.2000 after the expiry of the licence and before any renewal had been done. The Tribunal had taken note of these dates but still made the insurer liable, since by its reasoning the driver was not shown to have been disqualified to hold a licence. This fact has been considered in National Insurance Company Limited Versus Jarnail FAO No.2560 of 2004 - 2 - Singh-2007(15) SCC 28 and New India Insurance Company Limited Versus Suresh Chander Aggarwal-2009(15) SCC 761. The liability of the Insurer shall still be to satisfy the claimants but it will have a right of recovery against the 5th respondent. 2. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 05.08.2010 sanjeev