FAO No.2908 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2908 of 2006 Date of Decision. 22.07.2010 United India Insurance Co. Ltd., Regional Office, SCO Nos.123-124, Sector 17-B, Chandigarh through its authorized signatory Sh. R.C. Bansal, Manager .........Appellant Versus Smt. Annu Devi wife of Sh. Manoj Kumar resident of W.No.9, Meham, District Rohtak and another .......Respondents Present: Mr. Gotal Mittal, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 issue of liability of the insurer for a period when the trial did not have a valid driving licence is the point that arises for consideration. It was brought out in evidence by examination of a Clerk from Licensing Authority that driving licence was valid from 07.05.1999 to 06.05.2004 and renewed again on 24.12.2004 upto 06.05.2007. The accident had taken place on 03.09.2004 and therefore, between the period 06.05.2004 to 24.12.2004, there was no valid driving licence. The effect of insurer's liability when the licence had expired and when it was renewed beyond the period of one month was dealt with by the Hon'ble Supreme Court in National Insurance Company Limited Vs. Jarnail Singh (2007) 15 SCC 28 FAO No.2908 of 2006 -2- and New India Assurance Company Limited Vs. Suresh Chander Aggarwal (2009) 15 SCC 761. 2. The insurance company could not have been left without providing for right of recovery against the insured. 3. The appeal is allowed to the extent of providing for a right of recovery against the insured only after satisfying the claim of the claimants. (K. KANNAN) JUDGE July 22, 2010 Pankaj*