IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1203 of 2003 (O&M) Date of decision:20.09.2010 National Insurance Company Limited ....Appellant versus Darshan Singh and others ...Respondents Present: Mr. Sanjiv Pabbi, 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 on the issue of liability on the ground that the driver did not have a valid driving licence. It was brought out in evidence that the accident had taken place on 05.11.1998 but the driving licence which was produced showed that the licence had expired on 02.05.1996 itself and there had been no renewals of licence subsequently. If there was no valid licence on the date of the accident even a subsequent renewal, has been held by the Hon'ble Supreme Court in National Insurance Company Limited Versus Jarnail Singh-2007 (15) SCC 28 as not a valid justification for an owner/driver to contend that they should have full right of indemnity. 2. The award of the Tribunal is, under the circumstances, modified to make the insurer liable only to satisfy the claim of the FAO No.1203 of 2003 (O&M) - 2 - claimants and grant a right of recovery against the insured. 3. The award of the Tribunal shall stand modified and the appeal is allowed to the above extent. (K.KANNAN) JUDGE 20.09.2010 sanjeev