FAO No.4603 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4603 of 2006 Date of Decision. 24.09.2010 Oriental Insurance Company Ltd., 2nd Floor, LIC Building, Jagadhari Road, Ambala Cantt. Through its Dy Manager ......Appellant Versus Pooja w/o late Shri Amrik Singh, resident of village and P.O. Bihta, Tehsil and Distt. Ambala and others .....Respondents Present: Mr. Ashwani Talwar, Advocate for the appellant. None 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 liability cast on it on the ground that the driver did not have a valid driving licence. The driver himself was examined and he admitted in the cross-examination that the police did not seize the licence from him. He could not give the details of the year in which the licence was prepared. Although he stated that the licence had been issued to him about four years earlier from Licensing Authority, Patiala, the document was not produced in spite of demand upon him. The owner himself remained ex parte. There was no evidence placed to show that the driver ever possessed a driving licence. The insured had been guilty of breach of terms of policy and the award would, FAO No.4603 of 2006 -2- therefore, require to be modified to provide for a right of recovery for the insurer against the insured. 2. The appeal is allowed to the above extent. (K. KANNAN) JUDGE September 24, 2010 Pankaj*