FAO No.1502 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1502 of 2003 Date of Decision. 30.08.2010 The New India Assurance Company Limited SCO No.36-37, Sector 17, Chandigarh through its Asstt. Manager ......Appellant Versus Durga Devi widow of Ajit Singh son of Ujjagar Singh and others ......Respondents Present: Mr. Neeraj Khanna, Advocate for the appellant. Mr. Gurinder Pal Singh, Advocate 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 insurance company was made liable in a case where the deceased had been travelling as a gratuitous passenger in a goods carriage. The insurance company totally denied the liability but in spite of the finding that there could not have been passengers in a goods carriage, the liability was still made to satisfy the claim and provided to the insurer a right of recovery. 2. In a case where there was no valid insurance at all to cover the risk of gratuitous passengers in a goods carriage, the question of making the insurer to pay simply did not arise. That was, however, the dispensation of the Tribunal and it appears that such a proof worked itself out during the pendency of the appeal. Even as early FAO No.1502 of 2003 -2- as on 09.03.2004, a Bench of this Court has observed that the amount has been paid by the insurance company and taking note of the said fact the Tribunal said that no interim relief could be granted I would, therefore, do no more than providing to the insurer a right of recovery against the insured on the ground that it was not liable to pay the amount in the first place. Having regard to the subsequent development, such a right shall be exercised only against the insured and not against the claimants. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE August 30, 2010 Pankaj*