FAO No. 309 of 1992 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 309 of 1992 Date of decision January 21, 2011 The New India Assurance Company Ltd. ....... Appellant Versus Brij Mohani and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. L. M. Suri, Sr. Advocate with Mr. Neeraj Khanna, Advocate for the appellant. Mr. Yogesh Putney, Advocate for the respondents. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. The appeal is by the insurer on the issue of liability for a claim arising from the representatives of the deceased who was a passenger in a goods carriage. The Tribunal has referred to a ruling of the full Bench of this Court in Oriental Insurance Company Vs. Gurdev Kaur 1967 ACJ 158 but still It has held that the insurance company would be liable. The full Bench is directly on the point to say that Insurance Company will not be liable to indemnify the owner for a claim arising for owner of the goods travelling as a passenger in the truck but some where later in the same judgment deflected reasoning to his own way that the passenger was authorized to travel in the vehicle by the owner and FAO No. 309 of 1992 2 therefore Insurance Company will be liable. Any authority given by the owner to any person to travel in a goods carriage cannot be the justification to make the insurer liable against the terms of the Act and against the terms of insurance policy. The liability shall be only on the owner and the driver and the award in so far as it cast the liability on the insurer is set aside. The appeal by the insurer is allowed to be above extent. (K. KANNAN) JUDGE January 21, 2011 archana