IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1568 of 1993 (O&M) Date of decision:13.10.2010 National Insurance Company Limited ....Appellant versus Mohan Lal and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. L.M.Suri, Senior Advocate, with Mr. Neeraj Khanna, Advocate, for the appellant. None for the respondents. ---- 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 is in appeal challenging the award casting liability in a case in which the claimant was travelling in a goods carriage along with the goods. The accident has taken place on 21.06.1989 when the terms of the policy were as set out through the Motor Vehicles Act of 1939. The Act came into force on Ist July, 1989 and the right of enforcement must, therefore, be examined only in the context of the Act of 1939. Even under the new Act, the owners travelling along with the goods were required to be compulsory covered only by an amendment Act 54 of 1994 that came into effect on 14.11.1994. The entire law on the subject relating to the offset of the FAO No.1568 of 1993 (O&M) - 2 - amendment and the non-liability of the insurer have been dealt with by the Hon'ble Supreme Court in New India Assurance Company Versus Asha Rani-(2003) 2 SCC 223. The copy of the policy filed in Court shows that it covers the risk only to one driver, two cleaners and four collies and there was no coverage of risk for any other person. The claimant was, therefore, not covered by the terms of the policy and consequently, the insurer could not have been made liable. 2. The award passed against the Insurance Company is, therefore, set aside and the appeal is allowed. However, if any portion of the amount has been recovered by the claimants already, the Insurance Company will enforce the right of recovery only against the insured/owner and not against the claimant. (K.KANNAN) JUDGE 13.10.2010 sanjeev