Punjab-Haryana High Court
United India Insurance Company Limited vs Shrimati Baljit Kaur And Others on 29 July, 2010
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.1882 of 1995
Date of decision:29.07.2010
United India Insurance Company Limited ....Appellant
versus
Shrimati Baljit Kaur and others ...Respondents
II. FAO No.2115 of 1995
United India Insurance Company Limited ....Appellant
versus
Kanwaljit Singh and others ...Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. Inderjeet Shama, Advocate, and Mr. Pradeep Bedi,
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 are connected and are disposed of by a common order.
2. The point that is urged in appeal by the Insurance Company is that the original licence was fake but since the renewal was found to be genuine, the Tribunal wrongly assumed that the insurer would become liable. The learned counsel contends that if either the licence or the renewal was fake, it must only be taken that the driver did not have a FAO No.1882 of 1995 -2- valid driving licence as held by the Hon'ble Supreme Court in United India Insurance Company Versus Divinder Singh-(2007) 8 SCC 342.
3. The award of the Tribunal is, under the circumstances, modified to provide for liability only to satisfy the claimants for the claim with right of recovery against the insured.
4. The appeal is allowed to the above extent.
(K.KANNAN) JUDGE 29.07.2010 sanjeev