IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2570 of 2009 Date of decision:26.07.2010 National Insurance Company Limited ....Appellant versus Sukhdev Singh and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Paul S. Saini, Advocate, for the appellant. None for the respondents. ---- 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 in appeal challenging the award passed for a person, who had borrowed the vehicle and dashed against a herd of cattle to sustain injuries. A claim against an insurer for such injury cannot survive unless there is a special cover for such risk. The driver cannot treat himself as a third party. It has been held by the Hon'ble Supreme Court in Ningamma and another Versus United India Insurance Company Limited-2009 ACJ 2020 that the driver who borrows the vehicle steps into shoes of the owner, unless it was a case where a claim for any liability of an employer under the Workmen's Compensation Act, the insurer cannot be made liable. The award passed FAO No.2570 of 2009 - 2 - by the Tribunal is erroneous and is set aside. 2. The appeal is allowed on the above terms. (K.KANNAN) JUDGE 26.07.2010 sanjeev