FAO No.1592 of 1993 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1592 of 1993 Date of Decision. 16.08.2010 The New India Assurance Company Limited, SCO No.36-37, Sector 17- A, Chandigrh through its Regional Manager ......Appellant Versus Lachmi widow of Sultan Singh and others ......Respondents Present: Mr. Deepak Suri, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 on appeal denying liability on the ground that the deceased, who was travelling in the truck was a gratuitous passenger and therefore, there was no policy cover for the risk resulting in death or injury to a passenger. This contention is sought to be derived from a recital in the FIR when the informant relating to the accident had stated that the deceased and two other persons had taken a lift in the truck. 2. At the trial, however, the evidence that was adduced was that the deceased and two other persons had been hired by the driver of the truck for unloading the sand which admittedly the insured's truck was transporting at the time when the accident took FAO No.1592 of 1993 -2- place. Onlooker or a third party may not have known under what circumstance the deceased and two others were travelling in the vehicle and therefore, if the information found in the FIR is proved to be incorrect but yet another person, who knew the facts joined issues on the same and gave specific evidence that they had all been hired to unload the the goods, that was sufficient justification for the Tribunal to hold that the deceased was a labourer and the policy of insurance would cover to such risk resulting in the death of labourer. The liability cast on the insurer is under such circumstance justified and it would require no intervention in appeal. 3. The appeal is dismissed. (K. KANNAN) JUDGE August 16, 2010 Pankaj*