IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4740 of 2002 (O&M) Date of decision:22 .09.2010 United India Insurance Company Limited ....Appellant versus Smt. Santosh and others ...Respondents II. FAO No.4741 of 2002 (O&M) United India Insurance Company Limited ....Appellant versus Smt. Usha and others ...Respondents III. FAO No.4742 of 2002 (O&M) United India Insurance Company Limited ....Appellant versus Smt. Beer Wati and others ...Respondents IV. FAO No.4743 of 2002 (O&M) United India Insurance Company Limited ....Appellant versus Smt. Asha Devi and others ...Respondents ----- Present: Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for the appellant. Mr. Shiv Kumar, Advocate, for the respondents. ----- FAO No.4740 of 2002 (O&M) - 2 - 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 four appeals stand admitted qua the driver and owner, the insurer having been made to shoulder 50% of liability for its involvement in a collision with the tractor which incidentally was insured with the same Insurance Company. The Tribunal had apportioned the liability between the drivers of the jeep and tractor as 50:50 and while fixing the liability on the insurer for the tractor accorded to it a right of recovery against the insured for violation of terms of the policy mainly on the driver of the tractor not possessing an effective driving licence. A similar contention is also taken against the owner and driver of the jeep. It is brought out in evidence on the ground that the accident took place on 18.11.1998 but the renewal of the licence was made only on 20.11.1998. The licence had already expired previously on 14.10.1998 and a renewal had not been made within 30 days in the manner provided under Section 15 of the MV Act. If the renewal is made beyond a period of 30 days, and at the relevant time of accident, there had been no renewal, it cannot be taken that the driver was duly licensed. This has been so held in the decision of the Hon'ble Supreme Court in National Insurance Company Limited Versus Jarnail Singh- 2007(15) SCC 28. 2. The award passed in all the cases would require to be modified to provide for a right of recovery against the insured namely FAO No.4740 of 2002 (O&M) - 3 - Mohd. Hassan son of Suleman. 3. All the appeals are allowed on the above terms. (K.KANNAN) JUDGE 22 .09.2010 sanjeev