FAO No.5301 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5301 of 2009 Date of Decision. 25.01.2011 Reliance General Insurance Company Limited, Plot No.60, Okhla Industrial Estate, Phase III, New Delhi-110020 through its Manager Ranjan Kumar Sinha ......Appellant Versus Smt. Sona Devi w/o Bhim Singh and another ....Respondents Present: Mr. Subhash Goyal, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 appeal by the insurance company is for an award passed for death of the son of owner of the motor cycle, who died in an accident by a collision with another vehicle. The other vehicle which was supposed to have caused the accident was not impleaded and the case was lodged against the insurer of the vehicle, which he was driving. The claim petition was filed by the mother of the deceased against her own husband and the insurer. There could be no liability for an insurance company under such circumstances. 2. The cause of action would arise only against the other vehicle which is said to have caused the accident. If the identity of the other vehicle was not known, the appropriate remedy would have been only to apply for a compensation under the Scheme set out through Section FAO No.5301 of 2009 -2- 163 of the Motor Vehicles Act. The claim against the insurance company was without any legal basis and the award cannot be sustained. I have already seen the terms of the policy of the vehicle that the deceased was driving and there is no insurance cover for risk is there for the driver. 3. The award of the Tribunal is set aside and the appeal by the insurer is allowed. The amount deposited at the time of preferring the appeal shall be permitted to be withdrawn. (K. KANNAN) JUDGE January 25, 2011 Pankaj*