FAO No.645 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.645 of 2003 Date of Decision. 09.07.2010 New India Assurance Co. Ltd., having its Regional Office at SCO No.36-37, Sector 17-A, Chandigarh through Shri Anil Chawla, Alegal Officer duly constituted attorney .........Appellant Versus Smt. Sheela Devi widow of Gian Chand and others .......Respondents Present: Mr. P.S. Saini, 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 is by the insurer challenging the award granted against the insurer pleading for exclusion on the ground that a gratuitous passenger in a goods vehicle who was neither the owner of the goods nor a workman cannot have the benefit of a statutory power under Section 147. The Court relied on a judgment of the Hon'ble Supreme Court in New India Assurance Co. Ltd. Vs. Satpal Singh and others 2000 ACJ 1. It was found not to lay down the correct law in New India Assurance Co. Ltd. Vs. Asha Rani and others 2003 ACJ 1. The liability cast on the insurance company, under the circumstances, cannot be justified. 2. The award of the Tribunal casting the liability on the FAO No.645 of 2003 -2- insurer is set aside. There had been order of stay and it appears that the insurer has paid the amount to the claimants. Under the special circumstances, the insurer shall not recover the money from the claimants and the right will be restricted to claim against the insured only. 3. With this modification, the appeal is allowed. (K. KANNAN) JUDGE July 09, 2010 Pankaj*