F.A.O.NO. 4509 OF 2003 and F.A.O.NO. 3886 OF 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 4509 OF 2003 Date of decision:24th September, 2010 National Insurance Company Ltd., SCO 337-340, Sector 35-B, Chandigarh, through its Asstt. Admn. Officer. .......Appellant Versus Naresh and another ........Respondents F.A.O.NO. 3886 OF 2003 Naresh wife of Baldev Singh, aged 30 years, resident of village Haripura, Tehsi and District Kaithal. Versus Mohinder Singh and another .........Respondents. BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. L.M.Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate, for the Insurance Company. None for the complainants. 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 is in appeal, denying the liability on the ground that the driver did not have a valid driving licence. The driver admittedly had a learner's licence that is valid for the period F.A.O.NO. 4509 OF 2003 and F.A.O.NO. 3886 OF 2003 2 27.07.2001 to 26.01.2002. He had obtained a regular licence on 25.06.2002. The accident took place on 5.02.2002. Evidently, he did not have any licence at the time of the accident. 2. The award of the Tribunal is therefore, modified to provide for a liability for the insurer only to satisfy the claimants and secure a right of recovery against the insured, on the ground that the insured was guilty of breach of terms of the policy. 3. The appeal is allowed on the above terms. 4. There is also cross appeal for enhancement filed by the claimant. There is no representation on his behalf. The cross appeal is dismissed for want of prosecution. [K.KANNAN] JUDGE 24th September, 2010 Shivani Kaushik