IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.684 of 2001 Date of Decision.03.12.2010 National Insurance Co. Ltd., New Delhi 11005 through Asst. Manager Regional Office I, Sector 34, Chandigarh (insurer of truck No.HR-38- 3051) ......Appellant Versus Surinder Singh son of Hussan Chand, resident of village Bunga Sahib, Tehsil and District Ropar and another ......Respondents Present: Mr. Ashwani Talwar, Advocate with Mr. Rahul Garg, Advocate for the appellant. Mr. H.K. Brinda, Advocate 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 award on the ground that having regard to the fact that the insured's driver himself was found to be responsible for the accident, the award could not have been passed. The Tribunal saw the claim as possible under the Workmen's Compensation Act and proceeded to grant compensation as provided under the Act. The procedure was clearly wrong but even then, I do not feel obliged to interfere, for this court is also the court of appeal under Section 30 of the Workmen's Compensation Act and what was not possible under the Motor Vehicles Act shall still be seen as possible under the Workmen's Compensation Act. The award of compensation ultimately has been made only on the basis of possibility of claim under the Workmen's Compensation Act and therefore, the award has to be sustained. 2. There is yet another plea which was taken up during the course of the trial that the driver did not have a valid driving licence and therefore, there had been a breach of terms of policy and the owner shall not be entitled to any indemnity. I do not think that this objection has been taken anywhere in the written statement. The award of the Tribunal is, under the circumstances, sustained and the appeal by the insurance company is dismissed. (K. KANNAN) JUDGE December 03, 2010 Pankaj*