Judgment:
FAO No.209 of 2014 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.209 of 2014 (O&M) Date of decision: February 11, 2014 Shri Ram General Insurance Company ...Appellant Versus Deepak and others ...Respondents CORAM:- HON'BLE Mr.JUSTICE K.
KANNAN1 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.Tajender K.
Joshi, Advocate, for the appellant.K.KANNAN, J.
(Oral) CM No.570 CII of 2014 For the reasons stated in the application, delay in filing ithe appeal is condoned.
FAO209of 2004 The issue in appeal is one of the liability on the ground that the ground that the driver did not have a valid driving licence.
For any breach of violation of terms of the policy, it is too well laid down that the insurance company must take the liability in terms of Section 149 clause (iv) proviso of Section 149 (v).as interpreted by the Supreme Court in National India Assurance Co.LTD.versus Kamla 2001 (4) SCC342 The pay and recovery principle have been etched by the subsequent decisions as well and more particularly in an elobrative consideration, it referred in National Insurance Versus Srwan (2004) 3 SCC297 The Tribunal was, therefore, justified in Singh Prem 2014.02.13 17:15 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.209 of 2014 2 making the insurance company liable but at the same time providing for a right of recovery against the owner/driver.
I will not find any error for intervention in the appeal.
The appeal is dismissed.
February 11, 2014 (K.KANNAN) prem JUDGE Singh Prem 2014.02.13 17:15 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No.209 of 2014 3 Singh Prem 2014.02.13 17:15 I attest to the accuracy and integrity of this document High Court Chandigarh