IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.394 of 1999 Date of decision:20.07.2010 United India Insurance Company Limited ....Appellant versus Jagbir and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.V. Ramswroop, 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 pleading that it is not liable to indemnify the insured for what according to it was the breach of terms of the policy by the driver not having a valid driving licence on the date of the accident. The accident took place on 20.05.1995 and the licence had been prepared only subsequently on 27.05.1995. It only means that the driver did not have valid driving licence on that date and he had secured one subsequently. This aspect has been considered by the Hon'ble Supreme Court in National Insurance Company Limited Versus Jarnail Singh-2007(15) SCC 28 and New India Insurance Company Limited Versus Suresh Chander Aggarwal-2009(15) SCC 761. The Insurance Company shall not therefore be liable to indemnify the insured. FAO No.394 of 1999 - 2 - 2. The award of the Tribunal is modified only to this extent to restrict the liability of the insurer to make the payment to the claimants and recover the same against the insured. 3. The appeal is allowed to the above extent. (K.KANNAN) JUDGE 20.07.2010 sanjeev