F.A.O.NO. 2261 OF 2009(O&M), F.A.O.NO. 2262 OF 2009(O&M) and 1 F.A.O.NO. 2263 OF 2009(O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2261 OF 2009(O&M) Date of decision:20th July, 2010 United India Insurance Company Limited .......Appellant Versus Kharak Singh and others ........Respondents F.A.O.NO. 2262 OF 2009(O&M) United India Insurance Company Limited .......Appellant Versus Smt. Lakshmi Devi and others ........Respondents F.A.O.NO. 2263 OF 2009(O&M) United India Insurance Company Limited .......Appellant Versus Smt. Meenu and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Sanjiv Pabbi, Advocate, for the appellant. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No F.A.O.NO. 2261 OF 2009(O&M), F.A.O.NO. 2262 OF 2009(O&M) and 2 F.A.O.NO. 2263 OF 2009(O&M) K.Kannan, J.(Oral) All the appeals arise out of the same accident involving the claim of the passengers in a private vehicle that dashed against another stationary vehicle. The insurer of the vehicle in which the claimants and passengers were travelling was made liable although the policy of insurance was an act Policy covering the liability for third party only. The Tribunal has granted award on the ground that insurer was always liable to cover the risk of the passengers. There is no such liability for Insurance Company for an insurer shall not be liable anymore than what the contract provides for. The award of the Tribunal is erroneous and is therefore, set aside. It shall be open to the claimants to proceed against another vehicle which was involved in the accident. Even it was possible to claim by the insured that the other vehicle was someway responsible for the accident by the negligence on the part of the other driver. Subject to this liberty, the award passed in their favour is set aside and the appeals are allowed. [K.KANNAN] JUDGE 20th July, 2010 Shivani Kaushik