IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.503 of 2004 (O&M) Date of decision:15.09.2010 United India Insurance Company Limited ....Appellant versus D.K.Mahajan and another ...Respondents II. FAO No.1689 of 2004 (O&M) D.K.Mahajan ....Appellant versus M/s Arham Spinning Mills and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for the appellant in FAO No.503 of 2004 and for respondent No.2 in FAO No.1689 of 2004. None for other parties. ---- 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 in appeal challenging liability and an appeal has been filed by the claimants for enhancement. There is no representation for the claimants and the appeal filed by the claimants in FAO NO.1689 of 2004 is dismissed for non-prosecution. The appeal is taken up for consideration only in FAO No.503 of 2004, the appeal filed by the insurer. FAO No.503 of 2004 (O&M) - 2 - 2. The contention is that the vehicle was driven by the claimant, who was a paid employee of M/s Arham Spinning Mills, which was the owner of the vehicle. He was said to be earning Rs.14,000/- and an executive in a Company. He was not a workman. The accident took place when he was driving the vehicle and dashed against a tree. The claim was filed under Section 163-A of the MV Act. The learned counsel for the insurer argues that a person, whose annual salary was in excess of Rs.40,000/- cannot prosecute a case under Section 163-A by reference to a judgment in Deepal Girish Bhai Soni & others Versus United India Insurance Company Limited-2004 ACJ 934. The contention is well founded and the claimant cannot sustain the petition under Section 163-A. 3. If it cannot be entertained under Section 163-A even for an examination under Section 166, a claim cannot survive for his own negligence. The award passed by the Tribunal cannot, therefore, be sustained. The award is set aside and the appeal by the insurer is allowed. (K.KANNAN) JUDGE 15.09.2010 sanjeev