IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4366 of 2003 (O&M) Date of decision:28.09.2010 New India Assurance Company Limited ....Appellant versus Maninder Kaur @ Manwinder Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN Present: Mr. Ravinder Arora, 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 liability on the ground that the claim under Section 163-A is not maintainable for an accident that has resulted by the driver of the vehicle, who had borrowed it from the owner. The learned counsel relies on the judgment of the Hon'ble Supreme Court in Ningamma and another Versus United India Insurance Company Limited-2009 ACJ 2020. I have examined the terms of the policy and find that it is merely an Act policy and no extra premium is paid for an insurance cover to the driver, who is the borrower of the vehicle. The dispensation through the award, under the circumstances, against the Insurance Company is not tenable and the FAO No.4366 of 2003 (O&M) - 2 - award is set aside. At the time of admission of the appeal, it appears that a prayer for stay had been rejected and possibly the claimants have recovered the amount from the insurer. In such an eventuality, the remedy of the insurer shall only be to recover the same against the insured and not against the claimants. 2. The appeal is allowed to the above terms. (K.KANNAN) JUDGE 28.09.2010 sanjeev