FAO No.800 of 1993 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH FAO No.800 of 1993 Date of Decision: February 07, 2011 National Insurance Co. Ltd. ….Appellant Versus Sukh Ram and others ….Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN Present: Mr. Neeraj Khanna, Advocate for Mr. Deepak Suri, Advocate None for respondents No.1 and 2. Mr. Kunal Garg, AAG, Haryana for respondents No.3 and 4. *** K. KANNAN, J.(ORAL) 1. The appeal is by the insurer on the issue of validity of licence and the consequential liability arising by the act of the driver. The driver had a licence to drive a heavy motor vehicle and at the time of accident he was driving a heavy passenger vehicle. This distinction of heavy motor vehicle and heavy passenger vehicle has lost its significance through a subsequent amendment made by Act 54 of 1994 and by the introduction of uniform expression of a transport vehicle. By the incorporation of the transport vehicle as a special category under Section 10 read with Rule 6 of the Central Motor Vehicle Rules, a passenger vehicle is a transport vehicle and if the driver had a licence to drive a heavy motor vehicle, I would understand that to cover he is entitled to drive a passenger vehicle as well. -1- FAO No.800 of 1993 The liability cast on the insurer under the circumstance was justified and I see no scope for modifying the award. The appeal filed by the insurer is consequently dismissed. 07.02.2011 (K. KANNAN) vcgarg JUDGE -2-