FAO No.1671 of 2001 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1671 of 2001 Date of Decision. 07.07.2010 New India Assurance Co. Ltd. Banga Road, Nawanshahr (insurer of Truck No.PJU-9767) through the duly constituted attorney, Regional Office, Sector 17, Chandigarh. .........Appellant Versus Mohinder Kaur wife of Jarnail Singh and others .......Respondents Present: Mr. N.K. Khosla, 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 Insurance Co is in appeal against the judgment of the MACT contending that in spite of the fact that the driver who drove the vehicle was proved to have had a fake driving licence, the liability is wrongly cast on it. 2. The liability of the Insurance Co in a case of a fake licence or a renewal of a licence which was a fake one have been considered by the Hon’ble Supreme Court in several cases and the decisions in National Insurance Co v Swaran Singh (2004) 3 SCC 297 and United Indian Insurance v Divinder Singh (2007) 8 SCC 342 are instructive. In the latter judgment, it has been held that a renewal of a fake driving licence is no licence at all and hence the insurer FAO No.1671 of 2001 -2- shall not be liable. 3. The Tribunal has rejected the contention of the insurer on the ground that even if the licence were to be fake, the insurer is still liable. While the liability to satisfy the claim of the claim could be upheld, the Tribunal ought to have provide for a right of recovery against the insure. The same has not been done. FAO No.1671 of 2001 -3-