FAO No.1859 of 2005 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1859 of 2005 Date of Decision. 15.09.2010 National Insurance Company Ltd., having its regional office in SCO No.337-340, Sector 35-B, Chandigarh through its duly constituted attorney ......Appellant Versus Sunita widow of Shri Madan Singh resident of VPO Attail, Tehsil and District Rohtak, Haryana and others ......Respondents Present: Mr. Neeraj Khanna, Advocate for Mr. Ravinder Arora, 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 insurer is on the issue of liability contending that the deceased was a traveller sitting on a mudguard of a tractor and there was no policy to cover risk for death or bodily injury for such a person. This Court has, while admitting the appeal on 07.04.2005, directed notice only to be taken to the driver and owner namely respondent Nos.7 to 9 and the appeal against the claimants has been dismissed. 2. This court has already taken a decision with reference to the several decisions of the Hon'ble Supreme Court and by reference to the provisions of the Motor Vehicles Act and held that there is no requirement to cover the risk of a passenger in a tractor and it is not FAO No.1859 of 2005 -2- a vehicle designed to carry passengers in terms of the decisions rendered by this Court in New India Assurance Company Limited Vs. Surinder Kaur in FAO No.635 of 2005 decided on 01.09.2010. 3. The award of the Tribunal is modified to secure the right of recovery against the insured only after satisfying the claims of the claimants. The appeal is allowed to the above extent. (K. KANNAN) JUDGE September 15, 2010 Pankaj*