FAO No.1028 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1028 of 2006 Date of Decision. 15.09.2010 The National Insurance Company Ltd., Regional Office, SCO No.337- 340, Sector 35-B, Chandigarh through Admn Officer ......Appellant Versus Baijnath son of Sh. Raghbir Singh and others ......Respondents Present: Mr. Vivek Singal, 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 date of the accident namely on 8.8.1999, there was no policy to cover the risk of the claimant at all. The copy of the policy had been filed in the Court and accepted as R-2, which showed that the policy had expired on 27.07.1999. The Tribunal has not considered this aspect at all. 2. It is a case where the claimant was injured in an accident when he was hit by the driver of a motor cycle, who was arrayed as 1st respondent before the Tribunal. When he fell down from the cycle, the bus owned by the insured of the appellant-insurer, ran over the claimant and he had suffered some injuries. The Tribunal found the driver of the motor cycle as well as the driver of the bus FAO No.1028 of 2006 -2- responsible for the accident and apportioned the liability between the owner of the motor cycle and owner of the bus. 3. In view of the fact that there was no policy of insurance at all for the bus, the right of enforcement of 50% of the amount in so far as it relates to the alleged negligence of the driver of the bus, shall be recovered from the owner and not from the insurer. 4. The award against the insurance company is set aside and the appeal filed by the insurer is allowed. (K. KANNAN) JUDGE September 15, 2010 Pankaj*