FAO No. 302 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH -.- FAO No. 302 of 2008 Date of decision: 25.02.2008 The New India Assurance Company Limted ...Appellant Versus Sudesh and others ...Respondents Coram: Hon'ble Mrs. Justice Nirmal Yadav -.- Present : Mr. R C Kapoor, Advocate for the Appellant -.- Nirmal Yadav, J. (Oral) In this appeal, the Insurance Company has challenged the Award dated 30.08.2007 passed by the learned Motor Accident Claims Tribunal, Bhiwani. Learned counsel, appearing for the Appellant-Company, contends that the learned Tribunal has erred in holding that the vehicle, in question, is not a goods carrying vehicle. It is further contended that in the Insurance Policy, the vehicle in question has been shown as goods carrying vehicle. In the registration certificate, the said vehicle has been mentioned as having open body with seating capacity of three persons, including the driver. It is also contended that since it is a goods carrying vehicle, no liability to pay compensation could be fastened on the Insurance Company . A careful perusal of the paper book shows that the appellant- company did not take a specific plea in the written statement that the vehicle, FAO No. 302 of 2008 2 in question, was a goods carrier. Moreover, the registration certificate also does not show that the vehicle in question is a goods carrier. It simply finds mention that it was having a seating capacity of three persons including the driver. It may be an open body vehicle, but it has, nowhere, been mentioned that the vehicle was registered as goods carrier. No ground for interference with the impugned Award is made out. Consequently, the appeal fails and is dismissed. (Nirmal Yadav) Judge February 25, 2008 mohan