FAO No.2771 of 2009 -1- IN THE HIGH COURT FOR THE STATE OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2771 of 2009 Date of Decision:20.05.2011 Jaspal Masih son of Shri Ajit Masih r/o village Kuntla, P.O. Tugalwal, District Gurdaspur (driver as well as owner of the Maruti Van bearing R.C. No.PB-02-G-8550). .......Appellant Versus Surjit Singh son of S.Wassan Singh and another ......Respondents Present: Mr. Sarbjit Singh, Advocate for the appellant. Mr. M.K. Bhagnagar, Advocate for respondent No.1. Mr. D.K. Dogra, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment? No 2. To be referred to the Reporters or not? No 3. Whether the judgment should be reported in the Digest? No K. KANNAN J. (ORAL) 1. The appeal is by the owner in a case where involvement of the vehicle itself is not in dispute. The driver, who was said to have caused the accident, was not proved to be the driver, in view of the fact that the two witnesses, who had been cited as eye witnesses, gave evidence to the effect that he was not driving the vehicle. Learned counsel appearing for the appellant also points that the criminal case against the driver ended in acquittal. It is irrelevant now to consider the issue of whether the particular driver was shown to be driving, so long as the vehicle was involved in the accident and even the person against whom FAO No.2771 of 2009 -2- an averment was made specifically that he was driving the vehicle did not come before Court to defend himself or to give any evidence. Even as regards the liability of the insurance company, the Tribunal found that the policy of insurance had expired on 26.02.2003 when the accident had taken place on 24.04.2003. The liability cast on the owner in such a situation cannot be faulted. No other point is argued before me as regards the adequacy or otherwise of the compensation. 2. The award against the owner is maintained and the appeal is dismissed. (K. KANNAN) JUDGE May 20, 2011 Pankaj*