IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.459 of 2005 Date of decision:22.07.2010 New India Assurance Company Limited ....Appellant versus Piare Lal and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. N.K.Khosla, Advocate, for the appellant. None for the respondents. ---- 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 denies liability for the claim on the ground that the school bus, having 29 seating capacity, was driven by a driver, who had an endorsement on his licence for driving LTV (light transport vehicle). The contention was that it was the medium passenger motor vehicle and, therefore, the licence which he had, was not appropriate for the category of the vehicle which he was driving. 2. The Tribunal has approached the issue with reference to the definition contained in the Act under Section 2(47) that defines a 'transport vehicle' to mean a public service vehicle, a goods carriage or an educational institution bus. A person that has a licence to drive a FAO No.459 of 2005 - 2 - transport vehicle must therefore be taken as person holding valid driving licence for a passenger motor vehicle. The Tribunal has correctly considered the issue of liability and the validity of the licence of the driver to drive the vehicle. 3. There is no merit in the appeal and it is dismissed. (K.KANNAN) JUDGE 22.07.2010 sanjeev