FAO No.853 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.853 of 2006 Date of Decision. 30.09.2010 New India Assurance Company Limited, Sector 17, Chandigarh through its duly authorized officer ......Appellant Versus Parkasho alias Parkash Saini and others ......Respondents Present: Mr. Vinod Gupta, Advocate for the appellant. Mr. Arvind Bansal, Advocate 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 maintainability of the petition that in a case where the contention was that the deceased was earning Rs.6478/- per month, it could not have maintained an application under Section 163-A of the Motor Vehicles Act in the light of the statutory prescription under Schedule II and in the manner interpreted by the Hon'ble Supreme Court in Deepal Girish Bai Soni Vs. United India Insurance Company Limited 2004 ACJ 934. 2. If it was to be merely examined as a case under Section 163-A of the Motor Vehicles Act, there ought not to have been an examination of issue whether there was any negligence on the part FAO No.853 of 2006 -2- of the driver or not. On the contrary, a specific issue had been framed regarding negligence and the Tribunal has found the insured's driver to have been negligent that resulted in the accident. The Tribunal must, therefore, be understood as considering a case only under Section 166 of the Motor Vehicles Act and the award, therefore, passed on such a finding that the driver of the insured had been negligent cannot be faulted. I cannot allow the award to fail, when there was a due consideration for what a case required under the Act stipulated under Section 166. The correct position of law must be read into the application and the awarded granted is sustained. 2. The appeal is dismissed. (K. KANNAN) JUDGE September 30, 2010 Pankaj*