F.A.O.NO. 2135 OF 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2135 OF 2008 Date of decision:10th August, 2010 The New India Assurance Company Limited .......Appellant Versus Smt. Santra and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. V.Ramaswarup, Advocate, for the appellant. Mr. S.P.Chahar, 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) The Insurance Company challenges the award on the ground that the person who died was reported to be a cleaner but the policy of the Insurance did not have a cover for such a person. Admittedly, It was a package policy for a commercial goods carriage. Section 147(1) proviso requires that the compulsory insurance cover shall be available to three classes of persons namely, one, a person engaged in driving the vehicle, if it is a public service vehicle, two, engaged as conductor of the vehicle or a person examining tickets of the vehicle or three, if it is a goods carriage, person being carried in the vehicle. It was F.A.O.NO. 2135 OF 2008 2 admittedly a goods carriage. A person such as a cleaner who is carried in the vehicle is required to be compulsorily covered. Learned counsel produces before me a copy of the Insurance Policy that merely says that sitting capacity is nil. The entire terms and conditions of the policy are not available. I cannot accede to a plea that in a goods carriage a person carried in the vehicle is not entitled to an Insurance Cover. The award of the Tribunal passed under circumstances is justified. The appeal is dismissed. [K.KANNAN] JUDGE 10th August, 2010 Shivani Kaushik