IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4802 of 2010 (O&M) Date of decision:31.01.2011 National Insurance Company Limited ....Appellant versus Jaswinder Kaur and others ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.Vivek Singal, Advocate, for the appellant. Mr. Navdeep Chhabra, Advocate, for respondent No.6. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? Yes. 2. To be referred to the reporters or not ? Yes. 3. Whether the judgment should be reported in the digest ? Yes. ---- K.Kannan, J.(Oral) 1. The appeal is at the instance of the Insurance Company against the liability cast on it when the claim was at the instance of the representatives of the deceased, who was driving the vehicle. The driver died in his attempt to steer the vehicle which he was driving to prevent dashing against a cow but instead he dashed against a tree. The policy of insurance provided for a personal cover to the owner but such a policy could be enforced only at the instance of the representatives for an insured, who had a personal cover and cannot extend to borrower of the vehicle and who comes to grief by his own act and dashes against a tree. There is no insurance cover to protect such a driver, who had borrowed the vehicle from the insured. FAO No.4802 of 2010 (O&M) - 2 - 2. The award is untenable and is, accordingly, set aside. Even while setting aside the award, I will still make possible for the claimants an entitlement of Rs.50,000/- under Section 140 in the manner provided by the Hon'ble Supreme Court in Eshwarappa @ Maheshwarappa and another Versus C. S. Gurushanthappa and another-2010(8) Scale 263 and the same shall be payable by the appellant-Insurance Company. The owner of the vehicle cannot be made liable for the claim at the instance of the representatives of the deceased and the liability must be seen if at all restricted to only what has been provided above for which he will have full right of indemnity from the insurer. 3. The appeal is disposed of as above. (K.KANNAN) JUDGE 31.01.2011 sanjeev