IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.49 of 1989 Date of decision:10.09.2010 National Insurance Company Limited ....Appellant versus Mrs. Sita Bai and others ...Respondents II. FAO No.50 of 1989 The National Insurance Company Limited ....Appellant versus Mrs. Premi Bai and others ...Respondents III. FAO No.51 of 1989 National Insurance Company Limited ....Appellant versus Ram Kishan and others ...Respondents IV. FAO No.52 of 1989 National Insurance Company Limited ....Appellant versus Sant Ram alias Sant Lal and others ...Respondents V. FAO No.53 of 1989 National Insurance Company Limited ....Appellant versus Mrs. Niko Bai and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.L.M.Suri, Senior Advocate, with Mr. Neeraj Khanna, Advocate, for the appellant. Mr. Rajat Khanna, Advocate, for the respondents. ---- FAO No.49 of1989 - 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. Among the five cases, two of them for death and three of them for injured, have been filed by the insurer, denying liability on the ground that even as per the averments in the petition, all the persons, who travelling as members of a marriage party in a truck that was owned by the insured. The accident took place when the truck fell into a ditch and capsized. The Tribunal found the driver to be responsible for the accident for his negligent act. There is no insurance cover for gratuitous passengers in a truck. The law is too well established that it requires no fresh emphasis. This case arose under the Motor Vehicles Act of 1939 and the law was not any different under the previous dispensation. If at all, the new amendment Act of 1988 provides for an additional class of persons who could obtain insurance cover namely of passengers of goods travelling in the vehicle. Otherwise, the law is the same that an insurer cannot be answerable for claims arising out of bodily injury for passengers in a goods carriage. 2. The awards of the Tribunal in so far as they make the insurer liable are set aside and the liability shall be only on the insured to satisfy the claims. I am making no interference with reference to the quantum. I restrict the entitlement of the claimants only against the insured/owner of the Truck. All the appeals are allowed. If any portion of the award has been recovered from the insurer on security, the insurer shall have a FAO No.49 of1989 - 3 - right to enforce the same. If any portion of the amount has been paid without any security, then the recovery of the particular portion shall be only against the insured. (K.KANNAN) JUDGE 10.09.2010 sanjeev