IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA, CHANDIGARH FAO.No.295 of 2009 (O&M) Date of order: 27.1.2009 Oriental Insurance Company ......Petitioner(s) Versus Baisakhi Devi and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Ashwani Talwar, Advocate for the appellant. JASWANT SINGH,J(ORAL) Learned counsel for the appellant states that no application under Section 170 of the Motor Vehicles Act, 1988 (for short “the Act”) was filed by the appellant-Insurance Company so as to enable it to take other pleas besides the permissible Section 149 Sub Section (2) of the Act. In view of ratio of the judgments of the Hon'ble Supreme Court reported as National Insurance Company Ltd v. Nicolletta Rohtagi and others, 2002 ACJ 1950 and R. Mannakatti and othersv. M. Subramanian and another, 2006(4) RCR (Civil) 326, present petition is not maintainable. It is also apparent from the record that the issue regarding possession of the driving licence by the driver is also not pressed by the appellant. Dismissed. January 27, 2009 ( JASWANT SINGH ) manoj JUDGE