FAO No.3520 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3520 of 2002 Date of Decision. 27.07.2010 The New India Assurance Company Limited, SCO No.36-37, Sector 17- A, Chandigarh through its Regional Manager ...Appellant Versus Smt. Chanderwati wd/o Budh Pal son of Giasa and others .......Respondents Present: Mr. L.M Suri, Senior Advocate with Mr. Neeraj Khanna, 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 insurance company is in appeal challenging the liability cast on it, in respect of a claim for the deceased, travelling in a goods vehicle, who was neither a workman nor an owner of the goods in the vehicle in which he was travelling. The vehicle had turned turtle and the claim was made by the legal representatives. The Tribunal relied on a decision of the Hon'ble Supreme Court in B.V. Nagaraju Vs. Oriental Insurance Co. Limited 1996 ACJ 1178 to find that the insurer shall still be liable. The said decision related to a case of overloading and the finding by the Court that it was not such a fundamental breach as to making the insurance liable in a case where the accident itself was not shown to have taken place by FAO No.3520 of 2002 -2- such overloading. It has no bearing to a case where the deceased was a passenger in a goods vehicle, who was not required to be covered except under circumstances mentioned under Section 147 of the Motor Vehicles Act. I have already observed that the deceased was neither a workman nor an owner of the goods travelling along with the vehicle. 2. The liability cast on the insurer was clearly wrong. The award against the insurer is set aside and the appeal is allowed. 3. It appears that during the pendency of the appeal, the claimants have been allowed to withdraw the money deposited by the insurance company. Having regard to the subsequent event, the entitlement of the insurer shall be only to recover the same from the insured and not to proceed against the claimants. (K. KANNAN) JUDGE July 27, 2010 Pankaj*