FAO No. 2438 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2438 of 2005 Decided on : 04-12-2008 New India Insurance Company Limited ....Appellant VERSUS Jyoti Sharma and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Ashwani Talwar, Advocate for the appellant. MAHESH GROVER, J The only question that has been raised in the present appeal is that identity of the vehicle which was involved in the vehicle has not been determined conclusively. It was contended by the learned counsel for the appellant that the vehicle which has been held liable for causing the accident was not actually involved in the accident. A perusal of the record shows that application moved by the Insurance Company under Section 170 of the Motor Vehicles Act was never allowed. In fact, it was never decided at all. It is also to be noticed that the appellant took no steps to agitate the matter in the wake of the pendency of the application. It was left un-decided. Section 170 of the Motor Vehicles Act grants a substantial right in favour of the insurance Company enabling it to take up the defences other than the one available under Section 149 of the Act. It is, therefore, bounden duty of the Company to persist with that application. Record shows that no attempt has been made by the appellant- FAO No. 2438 of 2005 2 Company to get the application decided. In this view of the matter, it does not lie in the mouth of the appellant now to dispute the involvement of the vehicle in the accident. No ground to interfere. Dismissed. December 4 , 2008 (Mahesh Grover) rekha Judge