IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5213 of 2004 (O&M) Date of decision:16.07.2010 M/s United India Insurance Company Limited ....Appellant versus Amarjit Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Raj Kumar Bashamboo, Advocate, for the appellant. Mr. Shailendra Sharma, Advocate, for the respondents 1 and 2. ---- 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 appeal by the Insurance Company challenges the award passed in favour of the claimants on the grounds that the claimants were the legal representatives of the deceased-owner of the vehicle travelling in the vehicle. The accident was the result of negligence of his driver. For a claim under Section 163-A on strict liability norm, while it may not make it necessary to prove the aspect of negligence on the other party, it cannot avail to make possible a claim for the action of the tort feasor himself. In such a situation, the owner or a representative of the owner shall have no cause of action against the insurer. This has been so laid down by the Hon'ble Supreme Court in Ningamma and another Versus FAO No.5213 of 2004 (O&M) - 2 - United India Insurance Company Limited-2009 ACJ 2020. The liability cast on the insurer is, therefore, not tenable. The award of the Tribunal, under the circumstances, set aside and the appeal is allowed. (K.KANNAN) JUDGE 16.07.2010 sanjeev