FAO No.1953 of 1997 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1953 of 1997 Date of Decision. 16.09.2010 National Insurance Company Ltd., Chandigarh through Shri R.C. Gupta, Legal Officer, Regional Office II, SCO No.337-340, Sector 35- B, Chandigarh ......Appellant Versus Rattan Singh resident of village Kokhra, Tehsil and District, Rohtak and others ......Respondents Present: Mr. R.M. Suri, 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 company is on appeal challenging the liability on the ground that the driver did not have a valid driving licence. It was established by summoning the clerk from the RTO at Jhajjar and it was evident that the particular licence number, which the copy of the driving licence produced by the driver, was not shown to have issued by the licensing authority. However, there had been renewal of this licence in some other place and the Tribunal reasoned that the genuine renewal elsewhere clothed validity of the otherwise fake licence. 2. This is not the correct position of law in view of the FAO No.1953 of 1997 -2- judgment of the Hon'ble Supreme Court in United India Insurance Co. Ltd. v Divinder Singh (2007) 8 SCC 34 that held that a renewal of a fake licence is not a valid licence at all. 3. The liability of the insurance company shall be only to satisfy the claim of the claimants but it will have a right of recovery against the insured. The award of the Tribunal is modified and the appeal is allowed to the above extent. (K. KANNAN) JUDGE September 16, 2010 Pankaj*