F.A.O.NO. 396 OF 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 396 OF 2005 Date of decision:31st August, 2010 The Oriental Insurance Company Limited through the Regional Manager, SCO 109-111, Sector 17, Chandigarh. .......Appellant Versus Smt. Gurmeet Kaur and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Ms. Vandana Malhotra, Advocate, for the Insurance Company. None 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) 1. The Insurance Company is in appeal denying the liability for a claim arising out of the death of a pillion rider on a motor cycle. The contention by the insurer is that the vehicle was insured only to cover risk to third party which was an Act Policy and the risk to pillion rider was not covered. The situation such as this has been dealt with by the Hon'ble Supreme Court in United India Insurance Co. Ltd. versus Tilak Singh (2006) 4 SCC 404 and Oriental Insurance Co. Ltd. vs. Sudharkaran (2008) 7 SCC 428. The Insurance Company cannot be made liable for a claim. The liability shall be only on the F.A.O.NO. 396 OF 2005 2 owner/insured, who has been served notice through Court but he has not chosen to appear. 2. The award of the Tribunal casting the liability on the insurer is set aside and the appeal is allowed. At the time of admission of the appeal, the Court has dismissed the appeal against the claimants. In view of the order passed against respondent Nos. 1 to 4 the insurer shall have right of recovery only against the insured and not against the claimants. [K.KANNAN] JUDGE 31st August, 2010 Shivani Kaushik