FAO No.4678 of 2003 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4678 of 2003 Date of Decision. 20.09.2010 National Insurance Company Limited, Regional Office-II, SCO No.337- 340, Sector 35-B, Chandigarh through Sh. Rajinder Kumar Sharma, Asstt. Manager ......Appellant Versus Dharam Pal aged 55 years s/o Sh. Dujan Ram, father of deceased Gian Chand, resident of village Bakhuta ......Respondents Present: Mr. R.M. Suri, 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 on appeal denying the liability on the ground that the person that died in an accident was a borrower of the vehicle from the owner. The contention is that the borrower stepped into the shoes of the owner himself and in terms of the judgment of the Hon'ble Supreme Court in Ningamma and another v United India Insurance Co Ltd 2009 ACJ 2010 , the insurer will not be liable. 2. I have seen through the terms of the policy, which covers merely the risk to the insured along with the pillion rider. It also provides for risk for flood and other natural calamities. The person that dashes against the culvert and brings death upon himself cannot FAO No.4678 of 2003 -2- leave a trail of valid cause of action for his representatives to sue the insurer. The only liability for the insurer shall be to pay compensation under no fault basis under Section 140 of the Motor Vehicles Act in terms of the judgment of the Hon'ble Supreme Court in Eshwarappa @ Maheshwarappa and Anr. Vs. C. S. Gurushanthappa and Anr 2010(8) SCALE 263. 3. The award of the Tribunal is set aside and the appeal is allowed. (K. KANNAN) JUDGE September 20, 2010 Pankaj*