FAO No.683 of 2004 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.683 of 2004 Date of Decision. 10.11.2010 The New India Assurance Company Ltd., Jalandhar through Sh. S.S. Bedi, Assistant Manager, Regional Office, S.C.O. No.36-37, Sector 17- A, Chandigarh ......Appellant Versus Shindo widow of Jashpal deceased, resident of village Tapprian Khurd, Police Station Pojewal, Tehsil Bala Chaur, District Nawanshahar and others ......Respondents Present: Mr. Manmohan, Advocate for Mr. Suman Jain, Advocate for the appellant. None for respondent Nos.1 to 5. Mr. Rupam Chaudhary, Advocate for Mr. Malkiat Singh, Advocate for respondent Nos.6 and 7. 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 contention of the insurance company in the appeal is that consistent with the finding of the Tribunal that the deceased was a gratuitous passenger, the Tribunal could not have found the insurer liable. The vehicle, which was involved in the accident, was admittedly a goods carriage where there could not have been a passenger other than the categories provided under Section 147 of the Motor Vehicles Act itself. He was admittedly not a workman nor was he the owner of the goods travelling along with the goods. The FAO No.683 of 2004 -2- Tribunal has relied on the judgment of the Hon'ble Supreme Court rendered in New India Assurance Company Ltd. Vs. Satpal Singh and others AIR 2000 SC 235 and found the insurer liable. The law has been re-written in New India Assurance Company Limited Vs. Asha Rani 2003 ACJ 1 that excludes the insurer from liability in such type of situations. 2. The award of the Tribunal casting the liability on the insurer is set aside and the appeal is allowed. The liability shall be only on the owner of the vehicle to satisfy the claimants. 3. If during the pendency of the appeal, the amount has been recovered by the claimant, the right of recovery by the insurer shall be only against the insured and not against the claimants. (K. KANNAN) JUDGE November 10, 2010 Pankaj*