IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.6123 of 2010 (O&M) Date of decision:29.10.2010 Jaswinder Singh and another ....Appellants versus Gurdeep Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Daygeesh Kumar Bhatti, Advocate, for the appellants. ---- 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) CM No.27433-CII of 2010 Delay of 515 days in filing the appeal is condoned. FAO No.6123 of 2010 The appeal is by the owner/driver, who has been made jointly and severally liable on the ground that the driver was not duly licensed on the date of the accident. It was elicited in evidence that the driver did have a licence but on the relevant date of the accident, the licence had expired and it had not been renewed within a period of 30 days. The Tribunal referred to decisions of this Court and of Hon'ble Supreme Court that if the renewal is not made within 30 days in the manner provided under Section 15 of the MV Act, the owner/driver shall FAO No.6123 of 2010 (O&M) - 2 - not be entitled to any indemnity. This issue has also come through several other judgments of the Hon'ble Supreme Court. To state but a few, National Insurance Company Limited Versus Jarnail Singh-2007 (15) SCC 28, New India Insurance Company Limited Versus Suresh Chander Aggarwal-2009(15) SCC 761 and National Insurance Company Versus Vidhyadhar Mahariwala- 2008 (4) PLR 746 to expound this proposition of law. If at all there is anyone, who must be aggrieved, it is only the claimants, who should come in appeal for the insurer must have been in any case made liable to satisfy the claim of the claimants. I dismiss the appeal and confirm the award against the appellants. (K.KANNAN) JUDGE 29.10.2010 sanjeev