FAO No.3017 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3017 of 2010 (O&M) Date of Decision: 23.05.2011 Reliance General Insurance Company Limited ... Appellant Versus Jai Bhagwan and Ors. ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Subhash Goyal, Advocate, the appellant. None for respondents. ***** 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) CM No.14470-CII of 2010 The delay of 117 days in filing the appeal is condoned. FAO No.3017 of 2010 1. The only point involved in the appeal filed at the instance of Insurance Company is that the vehicle involved in the accident was a transport vehicle but the licence produced, did not have a transport vehicle endorsement. Eventually, the driver was held to be not duly licensed. The Insurance Company could not have been made liable without a provision for recovery against the insured and the driver. The driver and the owner, remained ex parte before the Lower court and they have been set ex parte before this Court also after notice to them. The need for Permit for transport FAO No.3017 of 2010 (O&M) -2- vehicle is imperative and mandated through Section 3 of the Motor Vehicles Act, as has been held by Hon'ble the Supreme Court in case titled as “National Insurance Company Limited v. Challa Bharathamma and others, JT 2004 (7) SC 519”. 2. The award is modified and the liability of the Insurance Company shall be to pay the claimants and recover the same from the owner and the driver. The appeal is allowed to the above extent. MAY 23, 2011 ( K. KANNAN ) Rajan JUDGE