IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1201 of 2000 (O&M) Date of decision:28.09.2010 The National Insurance Company Limited ....Appellant versus Ravi and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN Present: Mr. Navin Kapur, 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 challenging liability cast on it on the ground that at the relevant time of the accident, the driver did not have a valid and effective driving licence. The document produced in Court showed that the licence which had been issued on 14.03.1993 had expired on 13.03.1996 and a fresh renewal had been taken on 05.09.1996 that was valid till 04.09.1999. The accident had taken place on 23.04.1996 during the period when there was no licence. Even the renewal of licence was not done within 30 days as provided under Section 15 of the Motor Vehicles Act. The Hon'ble Supreme Court has held in National Insurance Company Limited Versus Jarnail FAO No.1201 of 2000 (O&M) - 2 - Singh-2007(15) SCC 28 that the insurer could not be made liable if the renewal had not been taken within the time specified under the Act and if it is done after the accident. 2. The award of the Tribunal shall stand modified to provide a right of recovery for the insurer against the insured and the appeal is allowed to the above terms. (K.KANNAN) JUDGE 28.09.2010 sanjeev