Punjab-Haryana High Court
United India Insurance Company Limited vs Satpal And Another on 22 July, 2010
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.4752 of 2007
Date of decision:22.07.2010
United India Insurance Company Limited ....Appellant
versus
Satpal and another ...Respondents
II. FAO No.4753 of 2007
United India Insurance Company Limited ....Appellant
versus
Manohar Lal and another ...Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. Vinod Gupta, Advocate, for the appellant.
None for the respondents.
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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 ?
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K.Kannan, J. (Oral)
1. Both the cases arise out of the same accident and are disposed of by a common order.
2. The solitary point for consideration is the effect of renewal of a driving licence after its expiry beyond a period of 30 days and after the accident. The renewal in such a case as operating against the FAO No.4752 of 2007 -2- provision of Section 15(1), the Hon'ble Supreme Court has held 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 that it will not amount to valid effective licence. The Insurance Company could not have been therefore left without providing for a right of recovery against the insured. The appeal is allowed to the extent of making it liable only to satisfy the claim of the claimants and obtain right of recovery against the insured.
(K.KANNAN) JUDGE 22.07.2010 sanjeev