FAO No.5165 of 2006 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5165 of 2006 Date of Decision. 27.08.2010 The New India Assurance Company Limited, Sector 17, Chandigarh through its duly authorized officer ......Appellant Versus Smt. Bhagwati wife of late Harbhajan and others .....Respondents 2. FAO No.5166 of 2006 The New India Assurance Company Limited, Sector 17, Chandigarh through its duly authorized officer ......Appellant Versus Ram Kumar aged 18 years S/o Babu Ram and others .....Respondents Present: Mr. Vinod Gupta, Advocate for the appellant. Ms. Amrita Nagpal, Advocate for Mr. Lokesh Sinhal, Advocate for the respondents-claimants. Mr. Kulvir Narwal, Advocate. 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 two appeals address the same issue of the liability of the insurance company to passengers in a goods carriage. On the admitted pleadings, the claims arise out of death and injury of passengers, who were part of a larger company of persons going to FAO No.5165 of 2006 -2- attend a wedding. The Tribunal found the insurer liable by making reference to a judgment of the Hon'ble Supreme Court in New India Assurance Company Ltd. Vs. Satpal Singh and others AIR 2000 SC 235. Learned counsel appearing for the appellant-insurance company contends that the dispensation in Satpal's case (supra) has undergone a change with subsequent three Bench ruling of the Hon'ble Supreme Court in New India Assurance Company Limited Vs. Asha Rani 2003 ACJ 1 that held that the passenger in a goods carriage is not required to be covered under Section 147 of the Motor Vehicles Act and a claim arising out of death or injury to a passenger cannot result in making the insurer liable. The law is too well settled for any prevarication. The awards of the Tribunal insofar as it cast the liability on the insurer are set aside and the appeals filed by the insurance company are allowed. 2. The liability shall be borne only by the owner of the vehicle, which was transporting the deceased persona and the injured persons. It appears that the entire amount has been paid by the insurance company and the entitlement of the insurer now shall be only to recover the amount from the insured and not against the claimants. (K. KANNAN) JUDGE August 27, 2010 Pankaj*