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(O&M) National Ins.Co.Ltd. Vs Darshan Singh & Ors. — Insurance | Punjab & Haryana HC (2010)

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Punjab & Haryana HC
2010
(O&M) National Ins.Co.Ltd. Vs Darshan Singh & Ors.(O&M) National Ins.Co.Ltd. v. Darshan Singh & Ors.

Allowed

(O&M) National Ins.Co.Ltd. v. Darshan Singh & Ors.

Punjab & Haryana HC20 Sept 2010FAO/1203/2003

Case brief

AI extract

What is this about?

The appellant insurer appealed against a tribunal award due to the driver's expired licence. The court upheld that an expired licence is no valid justification for denying indemnity. The award was modified to make the insurer liable while granting a right of recovery against the insured.

What did the court decide?

The tribunal award was modified; the insurer is made liable to claimants with a right of recovery against the insured.

What the court decided

AI extract

Outcome

The tribunal award was modified; the insurer is made liable to claimants with a right of recovery against the insured.

Issue for consideration

Whether the insurer is liable to indemnify when the driver had an expired driving licence at the time of the accident.

Detailed headnote1 paragraphs

The court held that a driver without a valid driving licence at the time of an accident cannot claim full indemnity from the owner. Relying on National Insurance Co. Ltd. v. Jarnail Singh, the court modified the tribunal's award: the insurer must satisfy the claimants' liability but acquires a right of recovery against the insured for the amount paid.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO No.1203 of 2003 (O&M) Date of decision:20.09.2010

National Insurance Company Limited

....Appellant

versus

Darshan Singh and others

...Respondents

Present: Mr. Sanjiv Pabbi, Advocate, for the appellant.

None for the respondents.

Whether reporters of local papers may be allowed to see the judgment ?

To be referred to the reporters or not ?

Whether the judgment should be reported in the digest ?

----

K.Kannan, J. (Oral)

The Insurance Company is in appeal on the issue of liability on the ground that the driver did not have a valid driving licence. It was brought out in evidence that the accident had taken place on 05.11.1998 but the driving licence which was produced showed that the licence had expired on 02.05.1996 itself and there had been no renewals of licence subsequently. If there was no valid licence on the date of the accident even a subsequent renewal, has been held by the Hon'ble Supreme Court in National Insurance Company Limited Versus Jarnail Singh-2007

(15) SCC 28 as not a valid justification for an owner/driver to contend that they should have full right of indemnity.

The award of the Tribunal is, under the circumstances, modified to make the insurer liable only to satisfy the claim of the

FAO No.1203 of 2003 (O&M) - 2 -

claimants and grant a right of recovery against the insured.

The award of the Tribunal shall stand modified and the

appeal is allowed to the above extent.

(K.KANNAN) JUDGE

20.09.2010 sanjeev

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the insurer is liable to indemnify when the driver had an expired driving licence at the time of the accident.

Cases cited

Colour shows how this judgement treated each authority

AI extract

National Insurance Company Limited Versus Jarnail SinghRelied on¶15
National Insurance Company Limited Versus Jarnail Singh-2007 (15) SCC 28 · Who else cites this

Parties & counsel

AI extract

appellant
National Insurance Company Limited
respondent
Darshan Singh and others

Coram

AI extract

K. Kannan

Case details

As recorded by the court registry

Court: Punjab & Haryana HC
Decided on: 20 Sept 2010 · September
Registered: 25 Mar 2003
Case no.: FAO/1203/2003
CNR: PHHC010110962003
Topic: Insurance
Bench: K.kannan
Disposal: ALLOWED

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Cite this judgement

(O&M) National Ins.Co.Ltd. v. Darshan Singh & Ors., FAO/1203/2003 (P&H), decided on 20 September 2010.

The High Court of Punjab and Haryana publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

National Insurance Company Limited Versus Jarnail SinghRelied on¶15

Open Authorities

Bench / Coram

K. Kannan

Parties & counsel