FAO No.3614 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3614 of 2003 Date of Decision. 08.09.2010 National Insurance Company, Hoshiarpur (insurer of truck No.PB-08- W-5311) through its Assistant Manager ......Appellant Versus Baldev Singh son of Beant Singh and others ......Respondents Present: Mr. V. Ramswaroop, Advocate for the appellant. None for the 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? -.- K. KANNAN J.(ORAL) 1. The insurance company is on appeal challenging the liability on the ground that the driver had only a heavy motor vehicle endorsement and there was no heavy passenger vehicle, which he was driving. There never existed a category called as Heavy Motor Vehicle for issue of licence, although there is a categorization for Heavy Passenger Motor Vehicle (Sec.2(17), and Heavy Good Vehicle (Sec.2(16). The licence ought to have been only for a goods vehicle or a passenger vehicle of a heavier category and therefore, if the Licensing Authority had issued a licence for Heavy Motor Vehicle, it should only be taken as a licence for Heavy Passenger Vehicle. The mistake by the Transport Authority cannot be held out again the FAO No.3614 of 2003 -2- driver or the owner to deny them the protection when a claim was made against them for injuries resulting from the accident. 2. The award of the Tribunal is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE September 08, 2010 Pankaj*