F.A.O.NO. 553 OF 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 553 OF 2008 Date of decision:16th August, 2010 The New India Assurance Co. Ltd. .......Appellant Versus Narinder Kaur and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Pardeep Goyal, Advocate for the appellant. Mr. Ramneek Vasudeva, Advocate, for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) 1. Learned counsel for the respondent seeks for time to argue the case on the ground that the records are not available. The plea is rejected. 2. The Insurance Company is in appeal contending that the claimants even as per their own contentions were travelling in the tractor trolley and the accident took place by the rash and negligent driving of the driver of the tractor due to which she fell out of the trolley and suffer injuries. Trolley is not meant to carry passengers. It is an admitted case that she went to partake in Dushara fete in the adjoining village and she was returning to her F.A.O.NO. 553 OF 2008 2 village by the tractor-trlley. The Insurance Company cannot be made liable for the policy of insurance to cover the risk of passengers in a goods carriage. The award passed against the Insurance Company is clearly wrong. 3. The award however, shall still be sustained against the owner of the tractor trolley who has been described as the first respondent in the claim petition and described as the second respondent in the appeal before this Court. The right of enforcement of the claim shall subsist for the claimant only against the second respondent in the appeal. 4. The appeal is allowed to the above extent. It appears that the amount has been paid by the insurer already and therefore, the right of recovery shall be exercised only against the owner and not against the claimant. [K.KANNAN] JUDGE 16th August, 2010 Shivani Kaushik