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Punjab-Haryana High Court

Gurdial Singh And Others vs Harjinder Kaur And Others on 12 February, 2014

Author: K. Kannan

Bench: K. Kannan

                        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                       CHANDIGARH


                                            FAO No. 2859 of 2001 (O&M)
                                            Date of decision: February 12, 2014

            Gurdial Singh and others
                                                                            ...Appellants
                                                   Versus
            Harjinder Kaur and others
                                                                            ...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?


            Present:             Mr. Munish Gupta, Advocate,
                                 for the appellants.


            K. KANNAN, J. (Oral)

The appeal is by the owner against the award casting the liability on the owner and the driver and absolving the insurance company on the ground that the driver did not have a valid driving licence at the relevant time. In this case, there had been renewal beyond the expiry period. The Supreme Court has held in National Insurance Company Versus Jarnail (2007) 15 SCC 28 in such a situation, the driver/owner will not be entitled to obtain indemnify for the liability. I find no error in the reasoning adopted by the Tribunal. The award is maintained and the appeal is dismissed.

            February 12, 2014                                         (K.KANNAN)
            prem                                                          JUDGE




Singh Prem
2014.02.19 18:18
I attest to the accuracy and
integrity of this document
High Court Chandigarh