F.A.O.NO. 3206 OF 1999 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 3206 OF 1999 Date of decision: 22nd July, 2010 National Insurance Company Ltd. .......Appellant Versus Smt. Dhankesri and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Subhash Goyal, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. The Insurance Company has been cast with liability only on the ground that although the licence is proved to be fake but the renewal was genuine. This has been dealt with by the Hon'ble Supreme Court in United Indian Insurance v Divinder Singh (2007) 8 SCC 342. There is a clear breach of terms of the policy and the insured shall not be entitled to indemnity. 2. The liability of the insurer was only to satisfy the claimants under the award with a right of recovery against the F.A.O.NO. 3206 OF 1999 2 insured. The award of the Tribunal is modified and the appeal allowed to the above extent. [K.KANNAN] JUDGE 22nd July, 2010 Shivani Kaushik